Avila v. Basics Inc. et al
| Jimmy Avila |
| Basics Inc., Lorraine Coleman, Aja Douglas, 1212 Grant Realty LLC. and Jacob Finkelstein |
| 1:2017cv08916 |
| November 15, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
6
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiff's request for an order to show cause is denied and his complaint is dismissed. Leave to amend a complaint should be freely given "when justice so requires," F ed R. Civ. P. 15(a)(2), and courts generally grant pro se plaintiffs leave to amend "at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Gomez v. USAA Fed. Sav. Bank, 171 F.3d 7 94, 795 (2d Cir. 1999) (per curiam) (internal quotation marks omitted). Because it is not apparent that the defects in Plaintiff's complaint are "substantive" such that "better pleading will not cure" them, Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000), the Court grants Plaintiff leave to file an amended complaint within thirty days of the date of this Memorandum Opinion and Order. An Amended Complaint form that Plaintiff should complete is attached to this Memorandum Opinion and Order. As Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint. Failur e to file an amended complaint will result in dismissal of the case altogether. Plaintiff is advised that, as of last year, a Pro Se Law Clinic opened in this District to assist non-incarcerated people who are parties in civil cases and who do not have lawyers. The Clinic may be able to provide Plaintiff advice in connection with his claims and in addressing the concerns raised by this Memorandum Opinion and Order. The Pro Se Law Clinic is run by a private organization called the N ew York Legal Assistance Group; it is not part of, or run by, the Court (and therefore, among other things, cannot accept filings on behalf of the Court, which must still be made by unrepresented parties through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except o n days when the Court is closed. Plaintiff can make an appointment in person or by calling (212) 659-6190. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken i n 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). The Clerk of Court is directed to dismiss the complaint and to mail a copy of this Memorandum Opinion and Order to Plaintiff. (Signed by Judge Jesse M. Furman on 11/20/2017) (mro)
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