Hennings et al v. NYPD Commissioner et al
| Velyn Hennings |
| NYPD Commissioner, Stephen K Benjamin, Kamala Harris, Eric Adams, AH Personal Director and Joe Biden |
| 1:2024cv01563 |
| February 29, 2024 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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| Filing 6 Mail Returned as Undeliverable. Mail sent to Velyn Hennings at address listed. Postal Note: "Return To Sender. Insufficient address. Unable To Forward." (IH) |
| Filing 5 NOTICE of Address filed by Velyn Hennings (IH) |
ORDER DISMISSING CASE: Plaintiff's #2 motion 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 #1 complaint fails to state a claim on which relief may be granted. Plaintiff brings claims against the Commissioner of the New York Police Department, Stephen K. Benjamin, Vice President Kamala Harris, New York City Mayor Eric Adams, "A.H.," and President Joseph Biden under 42 U.S.C. 1983 and Bivens. #1 Compl. 25. She alleges that she is "being racially profile[d]," id. II.C, that her "personal information" is being "release[ed]... without [her] permission," ibid., that President Biden "illegal[ly] authorize[d]... public hearings," id. II.D, and that President Biden "didn't... release" a "compensation package" she was "supposed to receive," id. II.C, III.V. Those allegations fail to state a claim against the Commissioner, Stephen K. Benjamin, Vice President Harris, Mayor Adams, and A.H. because they are insufficient to show that those defendants are liable for the misconduct alleged. See Iqbal, 556 U.S. at 678. Plaintiff likewise fails to state a Section 1983 claim against President Biden because "[a]n action brought pursuant to 42 U.S.C. 1983 cannot lie against federal officers," Kingsley v. Bureau of Prisons, 937 F.2d 26, 30 n.4 (2d Cir. 1991). Finally, plaintiff has failed to state a Bivens claim against President Biden because her allegations that he "illegal[ly] authorize[d]... public hearings," Compl. II.D, and "didn't... release" a "compensation package," id. II.C, do not establish that he violated any of her constitutional rights. See Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 61 (2001) (explaining that Bivens provides a "private action for damages against federal officers alleged to have violated a citizen's constitutional rights"). 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, 44445 (1962). Ordered by Judge Rachel P. Kovner on 4/2/2024. (SP)
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| Filing 4 Mail Returned as Undeliverable. Mail sent to Velyn Hennings at address listed. Postal Note: "Return To Sender. Insufficient Address. 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 Velyn Hennings. (CV) |
| Filing 1 COMPLAINT against AH Personal Director, Eric Adams, Stephen K Benjamin, Joe Biden, Kamala Harris, NYPD Commissioner, filed by Velyn Hennings. (Attachments: #1 Civil Cover Sheet) (CV) |
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