Harris v. Donovan et al
ORDER: service of the Amended Complaint and plaintiff's request to "attach" her Amended Complaint to Daniels v. Donovan, 12-cv-4901, is stayed pending determination of the pending motions by Judge Kuntz. Ordered by Magistrate Judge Marilyn D. Go on 5/31/2013. (Proujansky, Josh)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MARLENE HARRIS, tenant in Linden
- against SHAUN DONOVAN, Secretary of Housing
and Urban Development, et al.,
GO, United States Magistrate Judge:
By order dated April 18, 2013, this Court granted plaintiff’s
application to proceed in forma pauperis under 28 U.S.C. § 1915.
Court noted that several of plaintiff's neighbors who also reside at
the Linden Plaza Apartments have filed complaints in this district
alleging similar claims and seeking essentially the same relief
against the same defendants.
In fact, there are at least 13 such
cases pending in this district1 before three other district judges and
one case that was dismissed for lack of subject matter jurisdiction
12-cv-4555(JG)(LB), 12-cv-4901(WFK)(JMA), 13-cv982(JBW)(LB), 13-cv-2087(JG)(LB), 13-cv-2088(JG)(LB), 13-cv2089(JG)(LB), 13-cv-2090(JG)(LB), 13-cv-2091(JG)(LB), 13-cv2092(JG)(LB), 13-cv-2093(JG)(LB), 13-2643(JG)(LB), 13-cv2643(JG)(LB), 13-c v-2644(JG)(LB), 13-cv-2645(JG)(LB).
by the Honorable William F. Kuntz, II.2
In many of those cases, the
defendants have filed or will be filing shortly motions to dismiss
which challenge this court's subject matter jurisdiction.
April 18th order, I invited plaintiff to amend her complaint to
address some of the arguments raised by defendants in the other
In response, plaintiff filed an amended complaint that was
substantially similar to the original complaint except for her
request to "amend [the] complaint to be attached to: 12 CV 4901 Daniels - vs- Donovan."
Amended Complaint at p. 2 (ct. doc. 6).
Since Daniels is one of the cases for which motions to dismiss
are fully submitted, service of the Amended Complaint and plaintiff's
request to "attach" her Amended Complaint to Daniels is stayed
pending determination of the pending motions by Judge Kuntz.
this Court will not reconsider the issue that plaintiff qualifies for
in forma pauperis status, this Court may reconsider whether
plaintiff's motion should have been granted in light of decisions by
Judge Kuntz, Gleeson and Weinstein on the motions to dismiss.
MARILYN D. GO
United States Magistrate Judge
May 31, 2013
Brooklyn, New York
See Memorandum and Order dated October 2, 2012 (ct. doc. 4)
in Charles v. Donovan, 12-cv-4652.
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