Manko v. Finkelstein et al
Nella Manko |
Marc Finkelstein, Kings County Civil Court of the City of New York (Housing Part), Sabrina B. Kraus and Administrative Judge |
1:2011cv05054 |
October 14, 2011 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Lois Bloom |
Kiyo A. Matsumoto |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 8 MEMORANDUM AND ORDER: Plaintiff seeks reconsideration of the Court's 11/17/2011 and 1/9/2012 Orders, and of the denial of her application to proceed in forma pauperis, the Court finds no factual or legal basis to reconsider its pre vious Orders. Plaintiff has failed to point to any error of law or facts in the record that the Court overlooked or any change in governing law that would alter the conclusions previously reached. Moreover, the Court does not find that reconsideratio n is warranted due to newly available evidence or to prevent manifest injustice. Accordingly, plaintiff's 7 motion is denied. Plaintiff has not paid the filing fee and the time for doing so has passed. Accordingly, the action shall not be file d and is dismissed without prejudice. The Court notes that plaintiff has recently filed several other cases in this court and in the United States District Court for the Southern District of New York asserting claims similar to those in this case and against some of the same defendants. Plaintiff is respectfully requested to abstain from filing further duplicative or frivolous litigation in this Court. SO ORDERED by Judge Kiyo A. Matsumoto, on 2/7/2012. C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa) |
Filing 6 MEMORANDUM AND ORDER: Plaintiff's 5 motion to reconsider the Court's 11/17/2011 Order denying her motion to proceed in forma pauperis is denied. Plaintiff is afforded an additional 10 days from the date of this Order to pay the filing fee of $350 to the Clerk of Court of the Eastern District of New York. If plaintiff fails to submit the filing fee within the time allowed, the action will not be filed. Plaintiff is again given notice, however, that even if she pays th e fee, this action will be dismissed as set forth in the Court's 11/17/2011 Order. 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 pauper is status is denied for purpose of an appeal. The Clerk of Court is respectfully requested to serve a copy of this Order on plaintiff and to note such service on the docket. SO ORDERED D by Judge Kiyo A. Matsumoto, on 1/9/2012. C/mailed. (Latka-Mucha, Wieslawa) |
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