330 Empire LLC v. Toure
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|Date Filed||#||Document Text|
|December 28, 2011
MEMORANDUM AND ORDER: Defendant's 2 request to proceed in forma pauperis is granted solely for the purpose of this Order. Accordingly, because this Court lacks subject-matter jurisdiction over this action, and in any event, de fendant did not timely file a notice of removal, the Court hereby remands the action to the Civil Court of the City of New York, County of Kings, Index No. 79358/11, and denies defendant's 12/27/2011 motion 3 for a preliminary injunction an d temporary restraining order. The Clerk of Court is respectfully requested to (1) serve a copy of this Memorandum and Order on the parties; (2) immediately send a certified copy of this Memorandum and Order to the Clerk of the Civil Court of the City of New York, County of Kings, Index No. 79358/11; and (3) close the case in this court. Any appeal must be filed within 30 days after judgment is entered in this case. 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 purpose of an appeal. SO ORDERED by Judge Kiyo A. Matsumoto, on 12/28/2011. C/mailed. (Civil Case Terminated.) (Latka-Mucha, Wieslawa)
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