Jones-Bey v. Pierce et al
Plaintiff: Empress Hadiya Jones-Bey
Defendant: Shantae Pierce and William Pierce
Case Number: 1:2020cv03865
Filed: August 19, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Pamela K Chen
Referring Judge: Ramon E Reyes
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Filing 5 CLERK'S JUDGMENT, that the complaint is dismissed for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(h)(3); that pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 44445 (1962). Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 9/8/2020. C/M as to pro se pltff. w/appeals pkg. (Layne, Monique)
September 8, 2020 Filing 6 NOTICE of Change of Address from Empress Hadiya Bey to Judge Chen, informing the court of her address change to: 1028 Elder Ave, 2nd Floor, Bronx, NY 10472. (Docket sheet updated). Further advising "her children X.K.-B. and A.J.-B. was not included and she is suing/seeking charges on their behalf as well, including their home address." Once the filing has been made, you must login to www.pacer.gov and update your account. (Layne, Monique) Modified on 9/9/2020 to add informational text. (Layne, Monique).
September 4, 2020 Opinion or Order Filing 4 ORDER: For the reasons stated in the attached Memorandum and Order, the complaint, filed in forma pauperis, is dismissed for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). The Clerk of Court is respectfully requested to enter judgment and close this case. The Court would ordinarily allow Plaintiff an opportunity to amend her complaint, see Cruz v. Gomez, 202 F.3d 593, 59798 (2d Cir. 2000), but it need not do so here, where it is clear from Plaintiff's submission that any attempt to amend the complaint would be futile. See Ashmore v. Prus, 510 Fed. App'x 47, 49 (2d Cir. 2013) (summary order) (noting that leave to amend is futile where barriers to relief cannot be surmounted by reframing the complaint); see also Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (denying leave to amend a pro se complaint where amendment would be futile). 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 purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 44445 (1962). Ordered by Judge Pamela K. Chen on 9/4/2020. (Abdallah, Fida)
August 24, 2020 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)
August 19, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Empress Hadiya Jones-Bey. (Bowens, Priscilla)
August 19, 2020 Filing 1 COMPLAINT against Shantae Pierce, William Pierce, filed by Empress Hadiya Jones-Bey. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)

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Plaintiff: Empress Hadiya Jones-Bey
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Defendant: Shantae Pierce
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Defendant: William Pierce
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