Darby v. New York City Police Department et al

Filing 7

ORDER DISMISSING CASE: For the reasons set forth in the attached memorandum and order, the Clerk is respectfully directed to file the 1 complaint in this case as an amended complaint in case number 14-cv-4078 and to close this case. All future filings shall only be docketed in the 14-cv-4078 case. A copy of this order shall be mailed to plaintiff at his address of record. Ordered by Judge John Gleeson on 9/8/2014. (Herling, Adam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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NOT FOR PUBLICATION

CURTIS DARBY,
MEMORANDUM AND ORDER
Plaintiff,
-against-

14-cv-4078

NEW YORK CITY POLICE DEPARTMENT,
Defendant.
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CURTIS DARBY,
Plaintiff,
-against-

14-cv-4682

NEW YORK CITY POLICE DEPARTMENT,
Defendant.
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JOHN GLEESON, United States District Judge:
Pro se plaintiff Curtis Darby currently has two cases pending in this Court against
the New York City Police Department. The first, docketed under number 14-cv-4078, was
originally filed in the Southern District of New York and transferred to this Court on June 30,
2014. See No. 14-cv-4078, Transfer Order, June 30, 2014, ECF No. 3. The second case,
docketed as number 14-cv-4682, was filed in this Court on August 1, 2014. See No. 14-cv-4682,
Compl., Aug. 1, 2014, ECF No. 1. Both cases complain of the same alleged police misconduct.
On September 5, 2014, the Court received a letter from Darby making clear that
he wants the August 1, 2014, complaint in the case docketed as 14-cv-4682 to instead be
considered an amended complaint in the case docketed as 14-cv-4078. See No. 14-4078, Letter,

Sept. 5, 2014, ECF No. 11. Accordingly, rather than have two duplicative cases, the Clerk is
respectfully directed to file the complaint from the 14-cv-4682 case as an amended complaint in
the 14-cv-4078 case and to close the 14-cv-4682 case. All future filings shall only be docketed
in the 14-cv-4078 case.
So ordered.

John Gleeson, U.S.D.J.

Dated: September 8, 2014
Brooklyn, New York

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