El Bey v. United States Department of Homeland Security-Transportation Security Administration et al
| Ali Shaman El Bey |
| Bill Hilton, United States Department of Homeland Security-Transportation Security Administration and Unnamed Security Supervisor (s) |
| 1:2015cv03188 |
| May 28, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Vera M. Scanlon |
| Eric N. Vitaliano |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
28
MEMORANDUM & ORDER re 24 Motion to Dismiss. For the reasons discussed above, defendant's motion to dismiss is granted pursuant to Rule 12(b)(1), and plaintiffs amended complaint is dismissed without prejudice to seeking relief in an appropr iate forum.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. Coppedge v. United States, 369 U .S. 438,444-45, 82 S. Ct. 917, 920-21, 8 L. Ed. 2d21 (1962). The Clerk of Court is directed to mail a copy of this Order to the pro se plaintiff, to enter judgment accordingly and to close this case. So Ordered by Judge Eric N. Vitaliano on 8/16/2017. (c/m)(fwd'd for jgm) (Lee, Tiffeny)
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Filing
4
MEMORANDUM AND ORDER: For the foregoing reasons, plaintiffs application for IFP status is denied. In any event, the complaint is dismissed to the extent that plaintiff seeks damages from TSA and its employees in their official capacities. Plaintiff is, however, granted leave to cure the deficiencies in his IFP application, and thereby proceed with his claims against the individual defendants, in their individual capacities, as long as he does so within 30 days of the date this Order is entered on the docket. 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 IFP status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed.2d 21 (1962). Ordered by Judge Eric N. Vitaliano on 8/15/2015. c/m to pro se pltf. (Fernandez, Erica)
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