Wimberly v. NY Community Financial, LLC

Filing 5

ORDER OF DISMISSAL... The Court dismisses this action without prejudice as duplicative of Wimberly, 1:24-CV-7547 (AS). Because the Court dismisses this action, the Court vacates its October 17, 2024 order in this action directing Plaintiff to, within 30 days, either pay the fees to bring this action or submit an in forma pauperis application. (ECF 3.) The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/22/24) (yv) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JASON WIMBERLY,
Plaintiff,
-against-

1:24-CV-7644 (LTS)

NY COMMUNITY FINANCIAL, LLC d/b/a
THE CHECK CASHING PLACE AKA
CFSC CHECK CASHING,

ORDER OF DISMISSAL

Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is appearing pro se, brings this action under the court’s federal question
jurisdiction and supplemental jurisdiction. For the reason set forth below, the Court dismisses
this action without prejudice.
On October 4, 2024, Plaintiff filed a complaint in this court commencing Wimberly v. NY
Cmty. Fin., LLC, 1:24-CV-7547 (AS), a civil action that is pending before District Judge Arun
Subramanian of this court. On that same date, Plaintiff filed the complaint commencing this
action; it is virtually identical to the complaint filed in Wimberly, 1:24-CV-7547 (AS). As the
complaint filed in this action raises the same claims as those raised in Wimberly, 1:24-CV-7547
(AS), no useful purpose would be served by litigating this action. The Court therefore dismisses
this action without prejudice as duplicative of Wimberly, 1:24-CV-7547 (AS).
CONCLUSION
The Court dismisses this action without prejudice as duplicative of Wimberly, 1:24-CV7547 (AS). Because the Court dismisses this action, the Court vacates its October 17, 2024 order
in this action directing Plaintiff to, within 30 days, either pay the fees to bring this action or
submit an in forma pauperis application. (ECF 3.)

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order
would not be taken in good faith and, therefore, in forma pauperis status is denied for the
purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Court directs the Clerk of Court to enter a judgment dismissing this action for the
reason set forth in this order.
SO ORDERED.
Dated:

October 22, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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