Soto v. Lene et al

Filing 3

MEMORANDUM AND ORDER. Plaintiff's 2 request to proceed in forma pauperis is granted. Plaintiff's 1 complaint is dismissed for lack of subject-matter jurisdiction pursuant to Rule 12(b)(3) of the Fed. R. Civil Pr. and for failure to stat e a claim pursuant to 28 U.S.C. sec. 1915(e)(2)(B). The Court denies plaintiff's request for preliminary injunctive relief, and declines to allow plaintiff to amend the complaint as leave to amend would be futile. To the extent that plaintiff� 39;s complaint incorporates any state law claims, these state law claims are dismissed without prejudice to bringing them to State court. The Court certifies pursuant to 28 U.S.C. sec. 1915(a)(3) that any appeal form this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. So Ordered by Judge Sandra L. Townes on 1/14/2011. C/M (Manuel, Germaine)