Walter J. Johnson, Plaintiff-Appellant, v. State of New York, et al., Because this Court has already addressed the merits of Johnsons present appeal under Docket No. the appeal docketed under is dismissed as moot., (2nd Cir. 2001)

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 21st day of November Two thousand and one.

PRESENT:

Hon. Richard J. Cardamone, Hon. Joseph M. McLaughlin, Hon. Sonia Sotomayor, Circuit Judges.

Walter J. Johnson, Plaintiff-Appellant, -v.- No. 01-7071

State of New York, et al., Defendants-Appellees.

APPEARING FOR APPELLANT: Walter J. Johnson, pro se, Rochester, New York.

UPON DUE CONSIDERATION of this appeal from a judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge), it is hereby ORDERED, ADJUDGED AND DECREED that the appeal is DISMISSED AS MOOT.

Plaintiff-Appellant Walter Johnson, pro se, appeals from an order and subsequent judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge)

dismissing his 42 U.S.C. 1983 complaint. Johnson filed the complaint pro se against New York State, the Monroe County Child Support Enforcement Unit, and the New York State Department of Taxation and Finance, alleging deprivation of several constitutional rights. By order entered in January 2001, the district court sua sponte dismissed Johnson's complaint pursuant to 28 U.S.C. §

1915(e)(2)(B), and barred Johnson from filing any future actions in the district court without first obtaining the court's permission.

Judgment was entered on January 8, 2001. Johnson filed a timely notice of appeal on January 16, 2001. For an unexplained reason, this notice of appeal was docketed in this Court under two separate docket numbers.

On October 10, 2001, this Court, by order entered under Docket No. 01-7073, affirmed the district court judgment insofar as it dismissed Johnson's § 1983 claims, and vacated the judgment and remanded the case on the issue of whether the sanctions imposed against Johnson were proper.

Because this Court has already addressed the merits of Johnson's present appeal under Docket No.

01-7073, the appeal docketed under 01-7071 is dismissed as moot.

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