Robinson v. New York State Office of Children and Family Services et al
| Valdissa Robinson |
| New York State Office of Children and Family Services, Glen E. Hams and Leslie Leitner |
| 1:2023cv04477 |
| May 26, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ORDER TO AMEND: The Court dismisses without prejudice any claims that Plaintiff is asserting on behalf of her minor child. Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim on which relief can be granted and based on Eleventh Amendment immunity. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 23-CV-4477 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and she cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted and Eleventh Amendment immunity, and the Court will decline to exercise supplemental jurisdiction, 28 U.S.C. 1367(c)(3), of any state law claims. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/10/2023) (sac)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 5/31/2023) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Valdissa Robinson consents to receive electronic service via the ECF system. Document filed by Valdissa Robinson. (sac) |
| Case Designated ECF. (sac) |
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