Manley v. Doby et al
Beryle W. Manley |
Lenora Moody, Melvin Doby, Sandra Gutierrez, Mark L. Hankin and Jay Strobing |
1:2012cv04835 |
September 21, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Viktor V. Pohorelsky |
Sandra L. Townes |
Other Statutory Actions |
28 U.S.C. ยง 1331 Fed. Question |
Plaintiff |
Available Case Documents
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Filing 6 MEMORANDUM AND ORDER, Pltff has not file an amended complaint. Instead, she has filed a copy of the Court's Order with the message, "Shame on you. Read Isaiah 10:1. This case is already settled in heaven; feel free to close it here," stamped across each page. (Docket #5). As this submission does not remedy the deficiencies in her original complaint pursuant to the Court's Order, it is ORDERED, ADJUDGED and DECREED: that the complaint is dismissed and the Clerk of Court is di rected to close this case. 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 purpose of an appeal. (Ordered by Judge Sandra L. Townes on 12/20/2012) c/m Fwd. for Judgment. (Galeano, Sonia) |
Filing 4 MEMORANDUM AND ORDER, granting Pltff's 3 Motion for Leave to Proceed in forma pauperis solely for the purpose of this Order pursuant to 28 USC sec. 1915. For the reasons set forth above, the complaint is dismissed for lack of subject matter jurisdiction, pursuant to FRCP 12(h)(3), for failure to state a claim on which relief may be granted, 28 USC sec. 1915(e)(2)(B)(ii), and because Pltff may not proceed pro se as administrator of the estate. However, Pltff shall have 30 days from the d ate of this Order to file an amended complaint that remedies these deficiencies. Pltff is advised that the amended complaint must be captioned "Amended Complaint" and bear the same docket number as this Order, as it will completely replace the original complaint. No summons shall issue at this time and all further proceedings are stayed for 30 days for Pltff to comply. If pltff fails to do so, judgment will enter and the case will be closed. 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 purpose of an appeal. (Ordered by Judge Sandra L. Townes on 11/16/2012) c/m (Galeano, Sonia) |
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