Best v. DiTech Holdings Corporation
| Bishop Frank Best |
| DiTech Holdings Corporation and DiTech Holdings Corporation doing business as Reverse Mortgage Solutions Inc. |
| 1:2019cv03966 |
| July 5, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing 5
MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, Plaintiff's motion #2 for leave to proceed in forma pauperis is GRANTED for the purpose of this order, and the complaint is dismissed in its entirety for failure to state a plausible claim for relief. 28 U.S.C. 1915(e)(2)(B)(ii). In light of his pro se status, Plaintiff is granted leave to file an amended complaint within 30 days from the entry of this memorandum and order. Cruz v. Gomez, 202 F.3d 593 (2d Cir. 2000). The amended complaint must be captioned "Amended Complaint" and bear the same docket number as this memorandum and order. Failure to file an amended complaint with 30 days, as directed by this memorandum and order, will result in dismissal of Plaintiffs case for failure to prosecute. 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). Ordered by Judge LaShann DeArcy Hall on 8/22/2019. (Valderrama, Freddie)
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| Filing 4 Letter from Frank Best to Judge DeArcy Hall in support of #2 MOTION for Leave to Proceed in forma pauperis. (Ramesar, Thameera) |
| 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 Frank Best. (Williams, Erica) |
| Filing 1 COMPLAINT against DiTech Holdings Corporation, filed by Frank Best. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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