Bussa v. A Very Special Place, Inc.

Bussa v. A Very Special Place, Inc.

Plaintiff:	Antonino Bussa
Defendant:	A Very Special Place, Inc.
Case Number:	1:2014cv06479
Filed:	October 29, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Carol Bagley Amon
Presiding Judge:	Lois Bloom
Nature of Suit:	Civil Rights: Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 1201 Civil Rights (Disability)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 18, 2014	Filing 8 MEMORANDUM AND ORDER: Accordingly, the action is dismissed on the basis of res judicata. Alternatively, Bussa's claim is untimely. In either case, the complaint fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915( e)(2)(B)(ii).3 There is no reason to grant leave to amend the complaint because even the most liberal reading of Bussa's complaint reveals no "indication that a valid claim might be stated." See Gomez, 171 F.3d at 795.Because the Court dismisses Bussa's action, it denies as moot defendant's request to set a briefing schedule, (D.E. 6 ), as well as plaintiffs apparent opposition to that request, (D.E. 4 ). It also denies as moot defendant's request for a pre-motion conference. (D.E. 6.) 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 aauperis status is denied for purposes of appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Chief Judge Carol Bagley Amon on 12/17/2014. (fwd for judgment) (Fernandez, Erica)

Date Filed

Document Text

December 18, 2014

Filing 8 MEMORANDUM AND ORDER: Accordingly, the action is dismissed on the basis of res judicata. Alternatively, Bussa's claim is untimely. In either case, the complaint fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915( e)(2)(B)(ii).3 There is no reason to grant leave to amend the complaint because even the most liberal reading of Bussa's complaint reveals no "indication that a valid claim might be stated." See Gomez, 171 F.3d at 795.Because the Court dismisses Bussa's action, it denies as moot defendant's request to set a briefing schedule, (D.E. 6 ), as well as plaintiffs apparent opposition to that request, (D.E. 4 ). It also denies as moot defendant's request for a pre-motion conference. (D.E. 6.) 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 aauperis status is denied for purposes of appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Chief Judge Carol Bagley Amon on 12/17/2014. (fwd for judgment) (Fernandez, Erica)

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Defendant: A Very Special Place, Inc.
Represented By:	Daniel Holloway Rowoth
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Plaintiff: Antonino Bussa
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