Felix et al v. Gotham Real Estate Corp. et al

Filing 6

MEMORANDUM AND ORDER: By Order dated 9/28/2012, the Court granted Plaintiffs' requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, and granted Plaintiffs 30 days leave to submit an amended complaint in order to proceed with this action. More than 30 days have elapsed and Plaintiffs have failed to respond to the Court's order. Accordingly, it is ORDERED, ADJUDGED AND DECREED that the complaint is hereby dismissed. The Court certifies pursuant to 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 purpose of an appeal. SO ORDERED by Judge Allyne R. Ross, on 11/7/2012. C/mailed to pro se Plaintiffs. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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FILED

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IN CLERK'S OFFICE
'J.S. DISTRICT COURT E.D.N.Y.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

NOV 0 ;'2042

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BROOKLYN OFFICE

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DANIEL FELIX and MARISE LOUIS FELIX,

MEMORANDUM AND ORDER
12-CV-4559 (ARR)

Plaintiffs,
-against-

NOT FOR ELECTRONIC OR PRINT
PUBLICA nON

GOTHAM REAL ESTATE CORP., et aI.,
Defendants.

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ROSS, United States District Judge:
On September 7, 2012, plaintiffs filed the instant pro se action challenging the foreclosure
of their home and/or their eviction from that home. Plaintiffs brought their action pursuant to: (1)
42 U.S.C. §§ 1982, 1983, and 1988; (2) the Protecting Tenants at Foreclosure Act of2009
("PTFA"), Pub. L. No. 111-22, 123 Stat. 1632 (2009); (3) the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. § 1692 et seq.; and (4) various state and city statutes.
By order dated September 28,2012, the Court granted plaintiffs' requests to proceed in
forma pauperis pursuant to 28 U.S.c. § 1915, and granted plaintiffs thirty (30) days leave to submit
an amended complaint in order to proceed with this action. More than 30 days have elapsed and
plaintiffs have failed to respond to the Court's order. Accordingly, it is

ORDERED, ADJUDGED AND DECREED: that the complaint is hereby dismissed. 28
U.S.C. § 1915(e)(2)(B). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this order and judgment would not be taken in good faith and therefore in forma pauperis
status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438,444-45
(1962).
SO ORDERED.

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/S/ Judge Allyne R. Ross

AL~ YNE R. ~OSS \j
Umted States istrict Judge
Dated: November 7, 2012
Brooklyn, New York

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