Thompson v. The United States of America et al
Addison Thompson |
The United States of America and United States Postal Service |
1:2017cv05017 |
June 30, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Katherine Polk Failla |
Other Civil Rights |
28 U.S.C. ยง 1331 |
None |
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Filing 36 OPINION AND ORDER re: 22 MOTION to Dismiss Complaint. filed by The United States of America, United States Postal Service. This decision should in no way detract from Plaintiff's considerable artistic talents, or from the comm unicative power of his installations. To hear his dispute, however, the Court must have subject matter jurisdiction, and it does not. For the reasons set forth above, Defendants' motion to dismiss is GRANTED. Additionally, because any amendmen ts to the pleadings would be similarly futile, the Court does not grant Plaintiff leave to amend his Complaint. See Cuoco, 222 F.3d at 112 (upholding denial of leave to amend pro se complaint, finding: "Repleading would thus be futile. Such a futile request to replead should be denied."). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purp oses of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/11/2018) Copies Mailed By Chambers. (ne) |
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