Eng v. Radio Comix
Kenneth Eng |
Radio Comix |
1:2014cv03810 |
June 17, 2014 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Lois Bloom |
Eric N. Vitaliano |
Copyright |
17 U.S.C. ยง 501 Copyright Infringement |
None |
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Filing 4 MEMORANDUM AND ORDER: In accord with the foregoing, the three complaints, filed in forma pauperis, are dismissed, pursuant to 28 U.S.C. § 1915(e)(2)(B), for failure to state a claim. Eng's second and third complaints are dismissed with pre judice. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). However, his first complaint is dismissed without prejudice and with leave to replead, taking into account the analysis contained in this Order. Should plaintiff decide to file an amend ed complaint, it shall be captioned "Amended Complaint," and shall bear the same docket number as the original, 14- CV-3631; 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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Eric N. Vitaliano on 6/19/2014. c/m to pro se Plaintiff (Fernandez, Erica) |
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Defendant: Radio Comix | |
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Plaintiff: Kenneth Eng | |
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