Manley v. Doby et al

Filing 6

MEMORANDUM AND ORDER, Pltff has not file an amended complaint. Instead, she has filed a copy of the Court's Order with the message, "Shame on you. Read Isaiah 10:1. This case is already settled in heaven; feel free to close it here," stamped across each page. (Docket #5). As this submission does not remedy the deficiencies in her original complaint pursuant to the Court's Order, it is ORDERED, ADJUDGED and DECREED: that the complaint is dismissed and the Clerk of Court is di rected to close this case. The Court certifies pursuant to 28 USC sec. 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. (Ordered by Judge Sandra L. Townes on 12/20/2012) c/m Fwd. for Judgment. (Galeano, Sonia)

~~
UNITEDSTATESDISTRlCTCOURT

\

tA\~!f;f\LED
\)/ KN
,:V:. iS~;~T;~u;~~2oN~
CLERKS OFFICE

y

=~~-=:~-~:~~~=~-~~-~=~-::~~--------------~ ~
~

OOKL.YN OFFICE

BERYLE W. MANLEY,

Plaintiff,

MEMORANDUM & ORDER
12-CV-4835 (SLT) (VVP)

-vMELVIN DOBY, President Board of Directors;
HILLTOP VILLAGE COOPERATIVE #ONE, Inc.;
SANDRA GUTIEREZ, Secretary;
JAY STROBLING, Management Executive;
LENORA MOODY, Realtor, Sales Agent; and
MARK L. HARKIN, Legal Counsel,
Defendants.

·---------------------------------------------------------------X
TOWNES, United States District Judge:
Plaintiff Beryle W. Manley, a citizen of Georgia and the administrator of her sister's
estate, filed this prose action on September 21, 2012, alleging that Defendants have violated
federal law with regard to the sale of her sister's cooperative apartment located in Queens, New
York. By Order dated November 16,2012, the Court dismissed the complaint for lack of subject
matter jurisdiction and failure to state a claim, but afforded Plaintiff the opportunity to file an
amended complaint with thirty days, or else "judgment will enter and the case will be closed."
(Docket No.4 at 9). Plaintiff has not filed an amended complaint. Instead, she has filed a copy
of the Court's Order with the message, "Shame on you. Read Isaiah 10:1. This case is already
settled in heaven; feel free to close it here;' stamped across each page. (Docket No. 5). As this
submission does not remedy the deficiencies in her original complaint pursuant to the Court's
Order, it is

•

ORDERED, ADJUDGED AND DECREED: that the complaint is dismissed and the

Clerk of Court is directed to close the case. 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. Coppedge v. United States, 369 U.S.
438, 444-45 (1962).
- w ._

SO ORDERED.

' ~ANDRA L. T0\¥1'"->
United States District Judge
Dated: December ;;?_o, 2012

Brooklyn, New York

2

-

.-_