Seifelnasr et al v. Medicad et al
| Ahmed E. Seifelnast, Elite 7, Inc. and Ahmed E. Seifelnasr |
| NYS Department of Health, Medicade and Medicad |
| 1:2020cv05512 |
| July 17, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Mary Kay Vyskocil |
| Contract: Recovery Medicare |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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| Document Text |
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| Mailed a copy of #5 Order of Dismissal, Add and Terminate Parties to Ahmed E. Seifelnasr at 4004 25th Ave., Apt. 2R, Astoria, NY 11103. (kh) |
Filing 5
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's claims on behalf of Elite 7 are dismissed. Plaintiff's claims against the New York State Department of Health are dismissed as barred by the Eleventh Amendment and as frivolous. 28 U.S.C. 1915(e)(2)(B)(i), (iii) The Clerk of Court is instructed to hold this matter open on the docket until a civil judgment is entered. Plaintiffs request for issuance of summons is denied without prejudice to renewal at a later date, should Plaintiff file an amended complaint that states a valid claim for relief. If Plaintiff chooses to amend his complaint, he must submit the amended complaint to this Courts Pro Se Intake Unit within 30 days of the date of this order, caption the document as an Amended Complaint, and label the document with docket number 20-CV-5512 (MKV). An Amended Complaint form is attached to this order. If Plaintiff fails to submit an amended complaint within the time allowed and does not show good cause to excuse such failure, the Court will enter a civil judgment consistent with this order and direct the Clerk of Court to terminate this matter. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Elite 7, Inc. (non emergency medicad transportation provider) and NYS Department of Health terminated. (Signed by Judge Mary Kay Vyskocil on 8/4/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Medicad, re: #2 Complaint. Document filed by Ahmed E. Seifelnasr. (rdz) Modified on 7/21/2020 (sac). Modified on 8/3/2020 (sac). |
| Filing 2 COMPLAINT against Medicad, NYS Department of Health. (Filing Fee $ 400.00, Receipt Number ) Document filed by Ahmed E. Seifelnasr. (Attachments: #1 Appendix).(rdz) Modified on 7/21/2020 (sac). Modified on 8/3/2020 (sac). |
| Filing 1 CIVIL COVER SHEET filed. (rdz) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) |
| Case Designated ECF. (rdz) |
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