Simon v. Cadman Towers et al
| Ira Simon |
| Skyline Construction Company, Zimmerman, Tudor Realty and Cadman Towers |
| 1:2019cv02829 |
| May 7, 2019 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Ramon E Reyes |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing 4
MEMORANDUM and ORDER: The Court grants Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a). The complaint, filed in forma pauperis, is dismissed, without prejudice, for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). However, in light of Plaintiff's pro se status, the Court grants Plaintiff leave to file an amended complaint that would support the Court's subject matter jurisdiction within 30 days from the entry of this Order. Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). If Plaintiff fails to file an amended complaint within the time allowed, judgment dismissing this action without prejudice shall be entered for the reasons set forth in this Memorandum and Order. 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). (See Order for details) SO Ordered by Judge William F. Kuntz, II on 5/21/2019. (Tavarez, Jennifer)
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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. (Williams, Erica) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ira Simon. (Williams, Erica) |
| Filing 1 COMPLAINT against Cadman Towers, Skyline Construction Company, Tudor Realty, Zimmerman, filed by Ira Simon. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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