Spaulding v. Neufeld et al
| Marlon Spaulding |
| Figueroa and Associates, Director Donald W. Neufeld and Brian Figueroa |
| 1:2012cv00933 |
| February 21, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| William F. Kuntz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER, granting Pltff's 2 Motion for Leave to Proceed in forma pauperis. (Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Marlon Spaulding). Accordingly, the complaint, filed in form a pauperis, is dismissed as set forth above. Pltff has failed to allege that he has exhausted his administrative remedies before the CIS and therefore the Court lacks subject matter jurisdiction to review the denial of the certificate of citizenship pursuant to 8 USC sec. 1503(a). Pltff has also failed to state a claim against deft Neufeld and/or the CIS for the alleged denial of due process. Pltff's complaint against Brian Figeroux of Figeroux and Associates is dismissed without prejudice to filing in state court. The Court certifies pursuant to 28 USC sec. 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. (Ordered by Judge William F. Kuntz, II on 3/14/2012) c/m (Galeano, Sonia)
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