Wright v. PricewaterhouseCoopers, LLP et al
Raymond Wright |
PricewaterhouseCoopers, LLP, Plamen Kirilov Kovachev, Ralph Gerstein and Holy Gremme |
1:2016cv04526 |
June 15, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Katherine B. Forrest |
Racketeer Influenced and Corrupt Organizations |
18 U.S.C. ยง 1961 |
Plaintiff |
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Filing 63 OPINION & ORDER re: 33 MOTION to Dismiss filed by PricewaterhouseCoopers, LLP, 29 MOTION to Dismiss filed by Holly Gemme, 39 MOTION for Sanctions filed by Holly Gemme, 43 MOTION to Dismiss Amended Complaint filed by Plamen Kirilov Kovachev, 19 MOTION to Dismiss filed by Ralph Gerstein. This Court has read and re-read the Amended Complaint and simply cannot make head or tail of it. The Court's review of the pleading suggests tha t plaintiff is operating under some form of disability. The essential lack of clarity in the Amended Complaint renders it infirm under Rule 8. None of his claims make sense, and he has failed to set forth essential elements of each. The Court has compared the allegations of the Amended Complaint against the elements for each of the claims asserted and finds that each of his claims fail. The allegations are insufficient to plausibly suggest a basis for relief. Accordingly, th e Court dismisses the case in its entirety. As plaintiff has already replead his claims once, and has not requested an opportunity to replead his claim, the dismissal is with prejudice. The Court has also considered the motions for sanctions. Because the Court is persuaded that plaintiff may well be operating under some form of disability, it declines to impose sanctions. The motions to dismiss are GRANTED and the motions for sanctions are DENIED. All pending motions are terminated; this action is terminated. Furthermore, the Court certifies, under 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Katherine B. Forrest on 8/9/2017) (mro) |
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