Solomon v. Davidson Fink, LLP et al
| Maureen Elena Solomon |
| Ocwen Loan Servicing LLC, Office of Constables, Office of Justice of the Peace Courts, Wilmington Trust, Litton Loan Servicing LP and Davidson Fink, LLP |
| 2:2012cv02856 |
| June 5, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Sandra J. Feuerstein |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
7
ORDER: SO ORDERED that the amended complaint is dismissed sua sponte insofaras it names as defts Davidson Fink LLP, OCWEN Loan Servicing LLC, Litton Loan Servicing LP, the Office of Constables, PCT 1-8, Nassau County, and the Office of Justice of the Peace Courts. Apart from the caption, the amended complaint does not mention or refer to any of these defts, nor does it allege any conduct attributable to them. Accordingly, plaintiff fails to state a claim against these defts, and her claims again st them are dismissed without prejudice. Although the claims against the Bank are far from clear, the Court declines to dismiss them sua sponte at this early stage of the case. The Clerk of Court is directed to forward copies of the summons, amended complaint and this Order to the United States Marshals Service for service upon the Bank forthwith. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 10/1/2012. (Florio, Lisa)
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Filing
4
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs application to proceed in forma pauperis is GRANTED. However, the complaint is dismissed with prejudice unless plaintiff files an amended complaint in accor dance with this order within thirty (30) days from the date that this order is served upon her. The amended complaint must be labeled "Amended Complaint" and shall bear the docket number 12-CV-2856(SJF)(GRB). The Court will screen any timel y filed amended complaint in accordance with 28 U.S.C. § 1915. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/16/2012. (Florio, Lisa)
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