Beaton v. Pickett-Pennie et al
| Milton Beaton |
| Denise Pickett-Pennie, Teressa Grogan and Allan Fried |
| 1:2018cv05901 |
| October 19, 2018 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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| Filing 5 CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that the complaint is dismissed without prejudice, Fed. R. Civ. P. 12(h)(3); that pursuant to 28 U.S.C. 1915 (a)(3), any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal, Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Clerk of Court, by Deputy Clerk Jalitza Poveda, on 11/8/2018. C/M w/Appeals Packet. (Barrett, C) |
Filing 4
ORDER DISMISSING CASE: For the reasons stated in the attached Memorandum and Order, the Court grants Plaintiff's request to proceed in forma pauperis; however, Plaintiff's complaint is dismissed without prejudice for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). The Court has considered affording Plaintiff a chance to amend the complaint, see Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000), but declines to do so, viewing such an opportunity as futile because a review of the complaint does not suggest that Plaintiff has inadequately or inartfully pleaded any potentially viable claims. Rahim v. Secretary, Establishment Div., Gov't of People's Republic of Bangl., 481 Fed. App'x 18, 19 (2d Cir. 2012) (affirming district court's dismissal of pro se plaintiff's complaint without leave to amend where complaint was dismissed for lack of subject matter jurisdiction). 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 the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate this matter. Ordered by Judge Pamela K. Chen on 11/7/2018. (Cuevas Ingram, Joanna) (Main Document 4 replaced on 11/8/2018) (Abdallah, Fida).
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Milton Beaton. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Milton Beaton. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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