Tomassi v. New York State et al
| James Tomassi |
| New York State, New York State Department of Motor Vehicles, State Campus, Suffolk County Clerk and Village of Hempstead Court Clerk |
| 2:2017cv03878 |
| June 28, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| A. Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
14
ORDER DISMISSING CASE: For the forgoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), the plaintiff's application to proceed in forma pauperis is granted. However, plaintiff's complaint is dismissed sua sponte without prejudice pursuant t o 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim for relief because the Eleventh Amendment bars plaintiff's claims against New York State and the NYDMV and plaintiff's remaining Section 1983 claims are barred by the Heck rule. The Clerk of the Court shall mail a copy of this Order to the pro se plaintiff and close 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). So Ordered by Judge Joan M. Azrack on 11/26/2018. (c/m to pro se) (Ortiz, Grisel)
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