Grigoli v. 42 U.S.C. 654(3) Child Support Enforcement Division et al

Justia Dockets & Filings Second Circuit New York Southern District Grigoli v. 42 U.S.C. 654(3) Child Support Enforcement Division et al

Grigoli v. 42 U.S.C. 654(3) Child Support Enforcement Division et al

Plaintiff:	Joseph Grigoli
Defendant:	Columbia County
Case Number:	7:2018cv03672
Filed:	April 26, 2018
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Orange
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 1, 2018	Filing 4 ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a civil judgment is entered. The Cour t dismisses with prejudice all claims against the Child Support Enforcement Division on immunity grounds and as frivolous. 28 U.S.C. § 1915(e)(2)(B)(i), (iii). The Court also dismisses with prejudice Plaintiff's due process claims for fail ure to state a claim. 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is granted leave to replead, within 30 days, claims that he may be attempting to assert under § 1983 against Columbia County and its agents. 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 thirty days of the date of this order, caption the document as an "Amended Comp laint," and label the document with docket number 18-CV-3672 (NSR). 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 fai lure, 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, an d 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). 42 U.S.C. 654(3) Child Support Enforcement Division terminated. (Signed by Judge Nelson Stephen Roman on 5/1/2018) (kgo)

Date Filed

Document Text

May 1, 2018

Filing 4 ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a civil judgment is entered. The Cour t dismisses with prejudice all claims against the Child Support Enforcement Division on immunity grounds and as frivolous. 28 U.S.C. § 1915(e)(2)(B)(i), (iii). The Court also dismisses with prejudice Plaintiff's due process claims for fail ure to state a claim. 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is granted leave to replead, within 30 days, claims that he may be attempting to assert under § 1983 against Columbia County and its agents. 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 thirty days of the date of this order, caption the document as an "Amended Comp laint," and label the document with docket number 18-CV-3672 (NSR). 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 fai lure, 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, an d 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). 42 U.S.C. 654(3) Child Support Enforcement Division terminated. (Signed by Judge Nelson Stephen Roman on 5/1/2018) (kgo)

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Plaintiff: Joseph Grigoli
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Defendant: Columbia County
Represented By:	April Joyce Laws
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