Reid v. Internal Revenue Service et al
| Tobias R. Reid |
| Internal Revenue Service, United States Postal Service and Sunia Khan |
| 1:2021cv05904 |
| October 25, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 CERTIFICATE OF SERVICE by Tobias R. Reid (Herrera, Isaiah) |
| Filing 7 AMENDED COMPLAINT against Internal Revenue Service, Sunia Khan, United States Postal Service, filed by Tobias R. Reid. (Almonte, Giselle) |
ORDER: The motion to proceed in forma pauperis is granted. Plaintiff has filed a form civil rights complaint that alleges that he has not received his stimulus check despite numerous attempts to contact the government. See Compl. at 5 (Dkt. #2). When a litigant files a lawsuit in forma pauperis, the district court must dismiss the case if it determines that the complaint "is frivolous or malicious," that it "fails to state a claim on which relief may be granted," or that it "seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B). To avoid dismissal for failure to state a claim, a complaint must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). In response to the question, "[w]hich of your federal constitutional statutory rights have been violated," plaintiff answers, "42 U.S.C. [] 1983." Id. at 2. Although a pro se plaintiff's complaint must be "liberally construed, and... however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers," Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (internal quotation marks and citations omitted), the basic requirement still applies that a pleading must "give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) (discussing the requirement in Federal Rule of Civil Procedure 8(a)(2) that a complaint must include only "a short and plain statement of the claim showing that the pleader is entitled to relief"); see Harnage v. Lightner, 916 F.3d 138, 141 (2d Cir. 2019). Plaintiff's complaint does not give the defendants fair notice of what plaintiff's claim is because plaintiff has not identified which of his federal rights have been violated. Section 1983 is a cause of action, and because that statute "does not provide its own substantive rights, plaintiffs must identify the federally protected right that was allegedly violated." Knowles v. Saint Barnabas Hosp., No. 21-CV-2569 (GHW) (RWL), 2021 WL 4868694, at *6 (S.D.N.Y. Sept. 30, 2021), report and recommendation adopted by 2021 WL 4865182 (S.D.N.Y. Oct. 15, 2021). "[O]ne cannot go into court and claim a 'violation of [Section] 1983'--for [Section] 1983 by itself does not protect anyone against anything." Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 617 (1979); see Gonzaga Univ. v. Doe, 536 U.S. 273, 285 (2002). Therefore, plaintiff fails to state a claim on which relief may be granted, 28 U.S.C. 1915(e)(2)(B), and the case is dismissed without prejudice. When a pro se complaint falls short, the plaintiff should be given an opportunity to amend the complaint if a "liberal reading of the complaint gives any indication that a valid claim might be stated." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (quoting Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d. Cir. 1999) (per curiam)); see Shomo v. City of New York, 579 F.3d 176, 183 (2d Cir. 2009). Plaintiff may file an amended complaint within 30 days. The new complaint must be captioned "First Amended Complaint" and shall bear the same docket number as this order. All further proceedings are stayed for 30 days. If plaintiff does not file an amended complaint within 30 days, judgment shall be entered dismissing the case. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 10/26/2021. (JB)
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| Filing 6 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. (Neptune, Pierre) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:21-cv-08106. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #3 Order to Tobias R. Reid at 25 Remsen Avenue, Brooklyn, NY 11212. (kh) [Transferred from New York Southern on 10/25/2021.] |
| Filing 4 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (sac) [Transferred from New York Southern on 10/25/2021.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 10/18/2021) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/25/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 10/25/2021.] |
| MOTION for Leave to Proceed in forma pauperis (See Document No. #1 ) by Tobias R. Reid. (Neptune, Pierre) |
| Filing 2 COMPLAINT against Internal Revenue Service, Sunia Khan, United States Postal Service. Document filed by Tobias R. Reid. (sac) Modified on 10/4/2021 (sac). [Transferred from New York Southern on 10/25/2021.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tobias R. Reid. (sac) Modified on 10/4/2021 (sac). [Transferred from New York Southern on 10/25/2021.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 10/25/2021.] |
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