Black v. Holder, Jr. et al

Filing 11

ORDER: SO ORDERED that based upon Judge Lamberths order, defts the DOJ, FBI, Eric H. Holder, Jr. and James B. Comey are terminated from this case. Plaintiff is directed to file an amended complaint, on or before August 10, 2015, which shall be limite d to the allegations and claims against the remaining named defts only, i.e., Lisa Renda, David Blackwell, Brandon N. Weissler, Jr. and Giovanni Aguirre. The amended complaint shall be captioned First Amended Complaint and shall bear the same docket number as this Order. Plaintiff is advised that the amended complaint shall completely supersede the original complaint and therefore, it must include all claims against the remaining defts. Upon receipt of the amended complaint, the Court shall revi ew it pursuant to 28 U.S.C. § 1915(e)(2)(B). In the event plaintiff does not file an amended complaint in compliance with this Order and within the time allowed, the complaint shall be dismissed with prejudice and the Clerk of the Court shall cl ose this 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 the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/9/2015. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KATHLEEN BLACK,

FILED 
CLERK 

7/9/2015 12:31 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
-againstUNITED STATES DEPARTMENT OF JUSTICE,
UNITED STATES ATTORNEY GENERAL
ERIC H. HOLDER, JR., FEDERAL BUREAU OF
INVESTIGATION, DIRECTOR OF THE FEDERAL
BUREAU OF INVESTIGATION JAMES B. COMEY,
LISA RENDA, DAVID BLACKWELL, BRANDON
N. WEISSLER, JR., and GIOVANNI AGUIRRE,

ORDER
15-CV-3339(SJF)

Defendants.
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FEUERSTEIN, District Judge:
On December 22, 2014, Kathleen Black (“plaintiff”), pro se, filed a complaint against
defendants in the District Court for the District of Columbia, accompanied by an application to
proceed in forma pauperis, which was granted by the Honorable Ketanji Brown Jackson. DEs 12; Elec. Order dated Dec. 22, 2014. On March 13, 2015, defendants United States Department of
Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”) filed a motion to dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim or for summary
judgment pursuant to Rule 56. DE 3. On March 27, 2015, the Honorable Royce C. Lamberth
ordered plaintiff to respond to defendants’ motion, directing that it would be granted and the
complaint dismissed if she failed to respond. DE 5. By order dated May 29, 2015, Judge
Lamberth granted the DOJ’s and FBI’s motion to dismiss as conceded and transferred the
remainder of the case to the United States District Court, Eastern District of New York. DE 8.
By electronic order of the Honorable Pamela K. Chen dated June 23, 2015, the Clerk of the Court
was directed to transfer this case to Central Islip in light of the remaining defendants’ locations in

Nassau and Suffolk Counties; on June 24, 2015, the case was reassigned to the Honorable
Leonard D. Wexler. On June 26, 2015, Judge Wexler recused himself and the case was
reassigned to me.
Based upon Judge Lamberth’s order, defendants the DOJ, FBI, Eric H. Holder, Jr. and
James B. Comey are terminated from this case. Plaintiff is directed to file an amended
complaint, on or before August 10, 2015, which shall be limited to the allegations and claims
against the remaining named defendants only, i.e., Lisa Renda, David Blackwell, Brandon
N. Weissler, Jr. and Giovanni Aguirre. The amended complaint shall be captioned “First
Amended Complaint” and shall bear the same docket number as this Order. Plaintiff is advised
that the amended complaint shall completely supersede the original complaint and therefore, it
must include all claims against the remaining defendants. Upon receipt of the amended
complaint, the Court shall review it pursuant to 28 U.S.C. § 1915(e)(2)(B).
In the event plaintiff does not file an amended complaint in compliance with this
Order and within the time allowed, the complaint shall be dismissed with prejudice and the
Clerk of the Court shall close this 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 the purpose
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated: July 9, 2015
Central Islip, New York

/s/
Sandra J. Feuerstein, U.S.D.J.
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