Minaya-Rodriguez v. Warden
- Laura Swain
- 1:23-cv-08633
- U.S. District Court · Southern District of New York
- 2
In Minaya-Rodriguez v. Warden, Judge Swain dismissed a duplicate First Step Act petition without prejudice and denied appeal fee-waiver status.
Gilberto Minaya-Rodriguez’s duplicate petition was dismissed, while his substantially similar petition in the pending case under docket number 1:23-CV-8632 (LTS) was not dismissed by this order.
What happened
In Minaya-Rodriguez v. Warden, Gilberto Minaya-Rodriguez, representing himself while incarcerated, filed a petition claiming that his rights under the First Step Act were being violated.
The court found that he had already filed a substantially similar petition raising the same claims in a pending case. It dismissed this duplicate petition without prejudice to that pending case, docket number 1:23-CV-8632 (LTS).
Judge Laura Taylor Swain directed the clerk to enter judgment and denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Minaya-Rodriguez v. Warden · No. 1:23-cv-08633
- Laura Swain
- Oct. 4, 2023
Background
Gilberto Minaya-Rodriguez, appearing without a lawyer and incarcerated at LSCI Allenwood, filed a petition under 28 U.S.C. § 2241. He alleged that his rights under the First Step Act were being violated.
Reason for dismissal
The court stated that Minaya-Rodriguez had submitted a substantially similar petition raising the same claims in a pending case, docket number 1:23-CV-8632 (LTS). Because this case raised the same claims, the court concluded that litigating the duplicate lawsuit would serve no useful purpose.
Ruling
The court dismissed the petition as duplicative, without prejudice to Minaya-Rodriguez’s pending case under docket number 1:23-CV-8632 (LTS). The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.