Brown v. Greene et al
| Charles Brown |
| William C. Bell, Marvin Betts, Joseph Cardieri, Chase Manhattan Bank, Ira Greene, Michael Infranco, John Mattingly, Steven Powell, Martha Stark, Lisa M. Watson and U.S. Marshal and unknown John and Jane Doe |
| 1:2011cv04917 |
| October 5, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Steven M. Gold |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
11
MEMORANDUM DECISION AND ORDER DISMISSING CASE, Pltff's Bivens claim against deft Powell is dismissed because it is time-barred, and pltff's remaining federal claims are dismissed for failure to state a claim on which relief may be granted. Having dismissed each of the federal claims pltff asserts in his amended complaint, I decline to exercise supplemental jurisdiction over any remaining state law claims. This action is therefore dismissed. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma puaperis status is denied for the purposes of an appeal. (Ordered by Judge Brian M. Cogan on 3/15/2012) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)
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Filing
5
MEMORANDUM AND ORDER, Pltff is directed to show cause within 21 days of the date of this Order why this action should not be dismissed as time-barred. The Court has attached an affirmation form for pltff's use. It is recommended that he provide as much detail as possible about his chronic depression and subsequent hospitalization or about any other physical impairments or mental conditions that prevented him from timely filing his action - i.e., that he provide "a particularized descri ption of how [his] condition adversely affected [his] capacity to function generally or in a relationship to the pursuit of [his] rights." All further proceedings shall be stayed for 21 days for pltff to comply with this Order. If pltff fails to comply with this Order within the time allowed or show good cause why he cannot comply, the action will be dismissed as time-barred and judgment shall enter. The Court certifies pursuant to 28 USC sec. 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 purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/8/2011) c/m with unpublished decisions by chambers. (Galeano, Sonia)
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