Brojer et al v. Kuriakose et al
| Michael Brojer and Annamma Brojer |
| Anne Kuriakose, George Kuriakose, U.S. Department of Homeland Security and USCIS Homeland Security |
| 2:2011cv03156 |
| June 29, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
46
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION - For the reasons set forth herein, the Court hereby: (1) OVERRULES Plaintiff's objections; (2) AFFIRMS Judge Wall's R&R in its entirety; (3) DISMISSES Plaintiff's Amended Comp laint WITH PREJUDICE for failure to prosecute; (4) DENIES in forma pauperis status for the purpose of an appeal because any appeal from this Memorandum and Order would not be taken in good faith. The Clerk of the Court is directed to terminate all pending motions and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 8/16/2013. C/M; C/ECF (Valle, Christine)
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Filing
39
MEMORANDUM AND ORDER re: 38 Defendants' Motion to Dismiss for failure to state a claim is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Mrs. Brojer's false imprisonment and intentional infliction of emotional distress claims and DENIED with respect to all remaining claims (See Order for further details). Counsel for the Defendants shall serve a copy of this Order on the Plaintiff in India and at the Oakdale, NY address and file proof of service within 7 days of the date of this Order. Ordered by Judge Joanna Seybert on 5/1/2013.(Nohs, Bonnie)
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Filing
8
ORDER - For the reasons set forth herein and consistent with the 7/20/11 Order, given the absence of any claims by Michael Brojer in the Amended Complaint, his claims are dismissed and judgment shall enter. The Court deems the Amended Complai nt filed on 9/2/11 to be the operative pleading in this case and directs the Clerk of the Court to so amend the caption consistent with this Order. However, Plaintiff has not submitted an application to proceed in forma pauperis. Accordingly, Plai ntiff must either pay the $350.00 filing fee or return the enclosed application to proceed in forma pauperis within 45 days of the date of this Order for her case to proceed. 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. So Ordered by Judge Joanna Seybert on 9/26/11. C/M (Valle, Christine)
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Filing
6
ORDER granting Motion for Leave to Proceed in forma pauperis. Plaintiff is directed to submit an Amended Complaint with Annamma's signature or to obtain counsel within sixty (60) days of the date of this Order. If no Amended Complaint is filed or counsel fails to file a notice of appearance on her behalf within sixty (60) days of the date of this Order, Annamma's claims shall be dismissed without prejudice. Should Plaintiff wish to proceed with his due process claims against the Fede ral Defendants, he shall file an Amended Complaint as set forth above within sixty (60) days of the date of this Order. If no Amended Complaint is filed, Plaintiff's claims shall be dismissed and judgment shall enter. 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. So Ordered by Judge Joanna Seybert on 7/20/11. C/M (Valle, Christine)
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