Cain v. Christine Valmy International School of Esthetics Skin Care and Makeup et al
| Ileen Cain |
| Christine Valmy International School of Esthetics Skin Care and Makeup, Morina Valmy and Karol Ross |
| 1:2016cv00170 |
| January 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Gregory H. Woods |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
33
MEMORANDUM OPINION AND ORDER: re: 23 MOTION to Dismiss the Amended Complaint Pursuant to F.R.C.P. 12(b)(6) filed by Christine Valmy International School of Esthetics Skin Care and Makeup, Christine Valmy, Inc., Karol Ross, Morina Valmy. Plaintiff's federal constitutional and cyberstalking claims are dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure, and leave to replead those claims is denied. Accordingly, Plaintiff's federal claims under 42 U. S.C. § 1983 and for cyber stalking are DISMISSED WITH PREJUDICE. Having dismissed Plaintiff's federal claims, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and they are DISMISSED WITHOUT PR EJUDICE. 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. 43 8, 444-45 (1962). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 23 and to close this case. The Clerk of Court is further directed to mail a copy of this order to Plaintiff Ileen Cain by certified mail, along with copies of the unpublished decisions cited herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/20/2016) (ama)
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