Armstead v. Dept. Of Corrections and Community Supervision et al
| Anthony Armstead |
| State of New York Executive Department Division of Parole, New York City Department of Corrections and Dept. Of Corrections and Community Supervision |
| 1:2013cv00088 |
| January 3, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joan M. Azrack |
| Eric N. Vitaliano |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
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MEMORANDUM AND ORDER, granting pltff's 2 Motion for Leave to Proceed in forma pauperis pursuant to 28 USC sec. 1915, but his claims against all defts are dismissed. In line with the foregoing, pltff's complaint is dismissed in its entir ety, and no summons shall issue as to any deft. Normally, a pro se pltff is granted leave to amend a complaint at least once prior to dismissal when a liberal reading of the complaint suggests that a valid claim might be stated. But leave to replead is not necessarily granted. When it is clear that a pro se pltff's claims are meritless as a matter of law and that any repleading would be futile, leave is inappropriate. Armstead's grievances are incumbent on his belief that he was relea sed to parole when he left Willard. Yet, as CPL sec. 410.91 specifically provides, this in incorrect; he was released to or remained on parole supervision when he entered Willard. Accordingly, even if Armstead has named proper defts, his claims would fail as a matter of law, and repleading would be futile. Leave to amend, as a result, will not be granted. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is directed to enter judgment and to close this case. (Ordered by Judge Eric N. Vitaliano on 3/21/2013) c/m Fwd. for Judgment. (Galeano, Sonia)
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