Simon v. Inwood Robin House et al
| Barry E. Simon |
| Inwood Robin House, Vicky Rodriguez, Rosemary Ferrer and N.Y.C. H.P.D. |
| 1:2023cv10672 |
| December 6, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 4
ORDER OF DISMISSAL: The Court dismisses this action for the reasons set forth above. The Court dismisses Plaintiff's claims under 42 U.S.C. 1983 against Defendants Inwood Robin House, Rodriguez, Ferrer, and HPD, as well as his claims under Section 1983 against the City of New York, for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court, however, grants Plaintiff 30 days' leave to replead his claims under Section 1983 against the City of New York, as specified above, as well as his claims under state law, in an amended complaint. If Plaintiff fails to file an amended complaint within the time allowed, and he cannot show good cause to excuse such failure, the Court will direct the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court not to enter a judgment dismissing this action, at this time, as the Court has granted Plaintiff leave to replead claims in an amended complaint. SO ORDERED. N.Y.C. H.P.D. (H.U.D. Contact Administrator), Vicky Rodriguez (Property Manager of Record), Rosemary Ferrer (Property Management) and Inwood Robin House (The Land-Lord) terminated. (Signed by Judge Laura Taylor Swain on 1/31/2024) (rro)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 3. Mailed to: Barry E. Simon 20 Post Avenue Apt. 4B New York, NY 10034. (sha) |
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Filing 3
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 12/8/2023) (vn)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Barry E. Simon. (sac) |
| Filing 1 COMPLAINT against Rosemary Ferrer, Inwood Robin House, N.Y.C. H.P.D., Vicky Rodriguez. Document filed by Barry E. Simon. (sac) |
| Case Designated ECF. (sac) |
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