Kneitel v. Almarc Realty Corporation et al
| Michael J. Kneitel |
| Kensington Imperial LLC, Almarc Realty Corporation, The Law Office of Scott Gross PC, John and Jane Doe, Sheik Saddick and Scott David Gross |
| 1:2019cv03557 |
| June 13, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing 4
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's federal law claims are dismissed for failure to state a claim. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. See 28 U.S.C. 1367(c)(3). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).In light of this Court's duty to liberally construe pro se complaints, Cruz v. Gomez, 202 F.3d 593 (2d Cir. 2000), the Court grants Plaintiff thirty (30) days to file an amended complaint. If Plaintiff has a genuine basis for claims under the Residential Lead-Based Paint Hazard Reduction Act, the Fair Housing Act, and/or the Americans with Disabilities Act, he should provide specific facts in support of such claims. The Court will not permit Plaintiff to amend his complaint with respect to any Rule 11 claim, which would be futile. See Cuoco, 222 F.3d at 112 ("The problem with [Plaintiff]'s causes of action is substantive; better pleading will not cure it. Repleading would thus be futile. Such a futile request to replead should be denied."). All further proceedings shall be stayed for thirty (30) days or until further Order of the Court. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action. Ordered by Judge Pamela K. Chen on 6/28/2019. (Brodziak, Maya)
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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 Michael J. Kneitel. (Williams, Erica) |
| Filing 1 COMPLAINT against Almarc Realty Corporation, Scott David Gross, John and Jane Doe, Kensington Imperial LLC, Sheik Saddick, The Law Office of Scott Gross PC, filed by Michael J. Kneitel. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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