Nixon et al v. Crawford et al
| Elsabasz M. Nixon, M.A.N and I.G.N. |
| Lorraine Hamiton Crawford and Chad Graham |
| 1:2023cv07095 |
| September 19, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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| Filing 5 Mail Returned as Undeliverable. Order dated 10/31/23 sent to Elsabasz M. Nixon 116-05 Francis Lewis Blvd Cambria Heights, NY 11411. Envelope marked "Return to Sender Attempted - Not Known Unable to Forward". (ENE) |
ORDER DISMISSING CASE: Plaintiff's #2 motion for leave to proceed in forma pauperis is granted, but the #1 complaint is dismissed without prejudice. 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 "fails to state a claim on which relief may be granted." 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). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 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) (quotation marks and citations omitted). Plaintiff's complaint fails to state a claim on which relief may be granted. Plaintiff brings claims on behalf of himself and his two children against Lorraine Hamilton Crawford, a "property owner," and Chad Graham, a "[l]andlord," #1 Compl. II.B, alleging a "violation of Amendment [r]ights," "[h]arassment /sexual [h]arassment," "[a]ggravated harassment/sexual [a]buse," "witness tampering and witness [i]intimidation," "[e]ndangering the welfare of a family/child," "attempted murder," "kidnapping," "[h]uman traff[ick]ing," "[h]ate crime[s]," "[r]ape," and "f[o]ndling of minors." Id. at 7-9 (ECF Pagination). He also alleges a violation of "property" rights under 42 U.S.C. 1982. Those allegations are insufficient to show that defendants are liable for the misconduct alleged. Plaintiff does not allege whether and how defendants were involved with or connected to the alleged violation of his constitutional and property rights or the alleged harassment, sexual abuse, endangerment, attempted murder, kidnapping, or trafficking. Plaintiff's complaint is therefore dismissed without prejudice. Plaintiff may file an amended complaint within thirty days to remedy the deficiency identified above. If plaintiff fails to amend the complaint within thirty days from this order, judgment shall be entered closing this case. 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 10/31/2023. (SP)
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| Filing 4 Mail Returned as Undeliverable. Mail sent to Elsabasz M. Nixon at address listed. Postal Note: "Return To Sender. Not Deliverable As Addressed. Unable To Forward." (IH) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Elsabasz M. Nixon. (CV) |
| Filing 1 COMPLAINT against All Defendants, filed by Elsabasz M. Nixon. (Attachments: #1 Civil Cover Sheet) (CV) |
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