Saidi v. U.S. Federal Government et al
| Kasim M. Saidi |
| C.I.A. Federal Government, Monawar Anwari and Special Agent Howard Stern |
| 1:2023cv00706 |
| January 30, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Diane Gujarati |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 CLERK'S JUDGMENT that this action is dismissed as frivolous, See 28 U.S.C. 1915(e)(2)(B)(i); see also Lamb v. Cuomo, 698 F. App'x 1, 2 (2d Cir. 2017) ("A claim is frivolous 'where it lacks an arguable basis either in law or in fact.'") (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)); Hakaniemi v. Zuckerberg, No. 21-CV-04345, 2021 WL 3566221, at *1 (E.D.N.Y. Aug. 12, 2021); that pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for purposes of an appeal; See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Jalitza Poveda, on behalf of Brenna B. Mahoney, Clerk of Court on 2/27/2023. (Copy of Judgment and Appeals packet mailed to Pro Se). (IH) |
ORDER DISMISSING CASE -- Pro se Plaintiff's Request to Proceed in forma pauperis, see ECF No. 1, is granted solely for the purpose of this Order. Upon review of the #2 Complaint and the #3 Amended Complaint, which -- even liberally construed -- lack an arguable basis either in law or in fact, see generally ECF Nos. 2, 3, the Court dismisses this action as frivolous. See 28 U.S.C. 1915(e)(2)(B)(i); see also Lamb v. Cuomo, 698 F. App'x 1, 2 (2d Cir. 2017) ("A claim is frivolous 'where it lacks an arguable basis either in law or in fact.'") (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)); Hakaniemi v. Zuckerberg, No. 21-CV-04345, 2021 WL 3566221, at *1 (E.D.N.Y. Aug. 12, 2021). Notwithstanding Plaintiff's pro se status, such dismissal is without leave to amend as the Court finds that amendment would be futile. See Hakaniemi, 2021 WL 3566221, at *2 (dismissing pro se plaintiff's complaint as frivolous, denying leave to amend where complaint was "devoid of any arguable basis in fact or in law, defects which cannot be cured by amendment," and collecting cases). 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 denies in forma pauperis status for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment accordingly, to close this case, and to mail a copy of this Order to Plaintiff. Ordered by Judge Diane Gujarati on 2/24/2023. (KA)
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| Filing 7 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. (KD) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:23-cv-00386. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #4 Order, to Kasim M. Saidi 411 Van Siclen Ave. Brooklyn, NY 11207. (dsh) [Transferred from New York Southern on 1/31/2023.] |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Kasim M. Saidi consents to receive electronic service via the ECF system. Document filed by Kasim M. Saidi.(sc) [Transferred from New York Southern on 1/31/2023.] |
| 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.(rdz) [Transferred from New York Southern on 1/31/2023.] |
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Filing 4
TRANSFER ORDER: The Court directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1404(a). Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. Summonses shall not issue from this court. This order closes this action in this court. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/24/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/31/2023.]
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| Filing 3 AMENDED COMPLAINT, Re: amending #2 Complaint against C.I.A. Federal Government, Howard Stern.Document filed by Kasim M. Saidi. Related document: #2 Complaint.(sc) Modified on 1/20/2023 (rdz). [Transferred from New York Southern on 1/31/2023.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 1/31/2023.] |
| Filing 2 COMPLAINT against Monawar Anwari, Howard Stern, U.S. Federal Government. Document filed by Mohammad Rasim Saidi..(rdz) (Main Document 2 replaced on 1/17/2023) (rdz). [Transferred from New York Southern on 1/31/2023.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mohammad Rasim Saidi..(rdz) Modified on 1/17/2023 (rdz). [Transferred from New York Southern on 1/31/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 1/31/2023.] |
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