Kahari v. Harlem Book Center et al

Filing 5

ORDER OF DISMISSAL -- For the reasons set forth in the ATTACHED WRITTEN ORDER OF DISMISSAL AND CIVIL JUDGMENT, this action is DISMISSED, without prejudice, for lack of subject matter jurisdiction. The court certifies pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Order to pro se plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 7/8/2009. (Irizarry, Dora)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------x ASANTE KAHARI, pro se, Plaintiff, -againstHARLEM BOOK CENTER; SIDIBE IBRAHIMA, Defendants. ----------------------------------------------------------------x DORA L. IRIZARRY, United States District Judge: ORDER of DISMISSAL and CIVIL JUDGMENT 08-CV-3947 (DLI)

On September 24, 2008, plaintiff Asante Kahari, appearing pro se, filed this complaint alleging breach of contract and copyright infringement. By Order dated March 17, 2009, the court found that plaintiff's complaint lacked subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332, but stayed the dismissal of the complaint. The court granted plaintiff leave to replead his copyright infringement claim by filing an amended complaint on or before April 17, 2009. Plaintiff was warned that if he failed to file an amended complaint within the time allowed, judgment dismissing the action would be entered. To date, plaintiff has not filed an amended complaint as directed. Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore

in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962). SO ORDERED.

Dated: Brooklyn, New York July 8, 2009

____________/s/______________ DORA L. IRIZARRY United States District Judge

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