El-Bey v. Anna M. Kross Correction Facility et al et al

Filing 7

MEMORANDUM AND ORDER: Plaintiff did file a new application to proceed in forma pauperis, listing his wages and assets as "0," responding to additional questions with an "X," and printing his name, but not signing the req uired declaration. Despite these deficiencies in plaintiff's 5 application, the Court hereby grants the request to proceed in forma pauperis solely for purposes of this Order. Plaintiff's complaint is dismissed without prejudic e. Should plaintiff wish to amend the complaint, the Court directs plaintiff to submit an amended complaint within 14 days from the date of this Order. Failure to comply with the deadline will result in dismissal with prejudice. Once submitted, th e amended complaint will be reviewed for compliance with this Order and for sufficiency under Federal Rules of Civil Procedure 8 and 12(h)(3) and 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 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 6/27/2013. C/mailed by Chambers. (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
_____________________________X

STANLEY ARISTILDE EL-BEY,
Plaintiff,
-against-

FLLEU

IN CLERJ('$ OFFICE
U.S. DISTRICTCOtJRT E.D.N.Y.

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JUN l 7 2013

*

BROOKLYN OFFICE

MEMORANDUM
AND ORDER
13-CV -2956 (ARR)(LB)

ANNA M. KROSS CORRECTION FACILITY
et at,
Defendants.
______________________________X
Ross, United States District Judge:
On May 22, 2013, the court ordered pro se plaintiff Stanley Aristilde EI-Bey either to pay
the necessary filing fees or to file an amended request to proceed in forma pauperis providing
information from which the court could make a finding of indigence. Dkt. #4. Plaintiff did file a
new application to proceed informa pauperis, listing his wages and assets as "0," responding to
additional questions with an "X," and printing his name, but not signing the required declaration.
See Dkt. #5, at 5-6. Despite these deficiencies in plaintiffs application, the court hereby grants
the request to proceed in forma pauperis solely for purposes of this order.
In addition, the court's May 22,2013 order also advised plaintiff that his complaint did
not state a claim on which relief could be granted. Dkt. #4, at 2. Plaintiff was therefore ordered
to file an amended complaint stating the facts that support his claims. Id. Plaintiff filed
additional papers, which he terms a "Notice ofDett~u]lt & Order-Judgment Nihil Dicit." Dkt.
#5, at 7-13. These papers, like plaintiffs previous complaint, simply charge defendants with
"kidnapping, human trafficking, cruel and unusual punishment" and "replevin of plaintiff s
property," id. at 7, without providing the court with any facts from which the court could infer

that plaintiff has plausibly stated a claim. (Moreover, replevin is a state-law claim that does not,
on its own, provide a basis for relief in federal court.) Plaintiff cannot simply recite causes of
action, supported by no more than conclusory statements. See Ashcroft v. Iqbal, 556 U.S. 662,
679 (2009). Instead, as the court stated before, 'pl~intiffmust allege facts that show he is entitled
to relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544,570 (2007). Plaintiff has failed to do so.
The court must therefore dismiss the complaint. The court will give plaintiff one more chance to
amend his complaint with an admonition that this will be the final opportunity to plead the
necessary factual basis for plaintiffs claim for relief.! This dismissal is accordingly without
prejudice.
CONCLUSION

Plaintiffs complaint is dismissed without prejudice. Should plaintiff wish to amend the
complaint, the court directs plaintiff to submit an amended complaint within fourteen days from
the date of this order. Failure to comply with the deadline will result in dismissal with prejudice.
Plaintiff is advised that the amended complairit

will completely replace the complaint, and he

should include in it any information contained in the original complaint. The amended
complaint must be captioned "Amended Complaint" and bear the same docket number as this
order. Once submitted, the amended complaint will be reviewed for compliance with this order
and for sufficiency under Federal Rules of Civil Procedure 8 and 12(h)(3) and 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

I Plaintiff is also requested to stop printing water-marks and symbols on his papers, which make it difficult for the
court to read the text of the complaint.
'

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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

(l96~

SO ORDERED.

/S/ Judge Allyne R. Ross
Allyne R. Ros
United States District Ju

Dated: Brooklyn, New York
June 27,2013

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e

Service List:
Stanley Aristilde EI-Bey
1653 Brooklyn Ave.
Brooklyn, NY 11210

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