Horicianu v. Cross et al
Florin Horicianu |
James Cross, Rocky Dowd, Thomas Gomez, Jane Doe 1-100, John Doe 1-100, Jerry Martinez and Hector Suarez |
1:2010cv04122 |
September 3, 2010 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Steven M. Gold |
Dora Lizette Irizarry |
Civil Rights: Other |
28 U.S.C. ยง 1331 Fed. Question |
None |
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Filing 5 ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, plaintiff's request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915(a). HOWEVER, issuance of a summons and service of the complaint are held in abeyance because plaintiff is granted thirty (30) days from the date of this Order, i.e., by October 27, 2010, to file an amended complaint in conformity with the requirements s et forth in the Attached Written Summary Order. For the convenience of plaintiff, and in light of his pro se status, instructions on how to amend a complaint are attached to this Order. Should the amended complaint fail to correct the deficie ncies of the instant complaint or otherwise fails to satisfy pleading or jurisdictional requirements, this action will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appea l would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se plaintiff. SO ORDERED by Judge Dora Lizette Irizarry on 9/27/2010. (Irizarry, Dora) |
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