Walker v. LaSalle et al
| Cynthia Walker |
| Hector LaSalle, Angela G. Iannacci, J.P. Linda Christopher, Paul Wooten and Deborah A. Dowling |
| 1:2023cv01166 |
| February 17, 2023 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Peggy Kuo |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 5 CLERK'S JUDGMENT that the complaint is dismissed as frivolous, 28 U.S.C. 1915(e)(2)(B); that the Court declines to grant the plaintiff leave to amend her complaint, See Jordan v. New York State Dept of Lab., 811 F. App'x 58, 59-60 (2d Cir. 2020); that pursuant to 28 U.S.C. 1915(a)(3), any appeal from this order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 3/31/2023. (c/m to pro se with appeals packet) (TLH) |
Filing 4
MEMORANDUM AND ORDER. The complaint, filed in forma pauperis, is dismissed as frivolous. 28 U.S.C. 1915(e)(2)(B). While district courts generally grant pro se plaintiffs the opportunity to amend their complaints, courts need not do so if it is clear that amending the complaint would be futile. Because the defendants are immune from suit, the defects in the plaintiffs complaint cannot be cured with an amendment. Accordingly, the Court declines to grant the plaintiff leave to amend her complaint. See Jordan v. New York State Dep't of Lab., 811 F. App'x 58, 59-60 (2d Cir. 2020) (finding that the district court did not err in denying leave to amend because the defendant was immune from suit and amendment would have been futile). 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 in forma pauperis status is denied for the purpose of an appeal. The Clerk of Court is respectfully directed to enter judgment and close this case. The Clerk of Court is further directed to mail a copy of this Memorandum and Order to the plaintiff and to note the mailing on the docket. Ordered by Judge Ann M. Donnelly on 3/28/2023. (DG)
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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. (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Cynthia Walker. (KD) |
| Filing 1 COMPLAINT against J.P. Linda Christopher, Deborah A. Dowling, Angela G. Iannacci, Hector LaSalle, Paul Wooten, filed by Cynthia Walker. (Attachments: #1 Civil Cover Sheet) (KD) |
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