Grabowski v. Miller

Filing 4

ORDER OF DISMISSAL: The Court dismisses this petition for a writ of habeas corpus under 28 U.S.C. 2254 without prejudice, as duplicative of the pending petition under docket number 24-CV-8888 (LTS). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 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). (Signed by Judge Laura Taylor Swain on 11/25/2024) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STEPHANIE GRABOWSKI,
Petitioner,

24-CV-8907 (LTS)

-against-

ORDER OF DISMISSAL

WARDEN MILLER,
Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge:
Petitioner, who is currently incarcerated at the Rose M. Singer Center on Rikers Island,
brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254 pro se. For the following
reasons, the Court dismisses the petition without prejudice.
Petitioner has previously submitted to this court a substantially similar petition, which is
pending under docket number 24-CV-8888 (LTS). Because this new petition is substantially
similar, no useful purpose would be served by the filing and litigation of this duplicate lawsuit.
Therefore, this petition is dismissed without prejudice to Petitioner’s pending case under docket
number 24-CV-8888 (LTS).
CONCLUSOIN
The Court dismisses this petition for a writ of habeas corpus under 28 U.S.C. § 2254
without prejudice, as duplicative of the pending petition under docket number 24-CV-8888
(LTS).
Because the petition, at this time, makes no substantial showing of a denial of a
constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court
certifies under 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).
SO ORDERED.
Dated:

November 25, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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