Rector v. United States Postal Service

Filing 5

MEMORANDUM & ORDER [DISMISSING CASE]: More than 30 days have passed and Plaintiff has failed to file an amended complaint. Accordingly, for the reasons set forth in the 5/24/2017 Memorandum and Order, the case is dismissed. The Court certifi es 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 an appeal. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 7/27/2017. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------REBECCA RECTOR, Plaintiff, v. NOT FOR PUBLICATION MEMORANDUM & ORDER 17-CV-708 (MKB) UNITED STATES POSTAL SERVICE, Defendant. --------------------------------------------------------------MARGO K. BRODIE, United States District Judge: Plaintiff Rebecca Rector, proceeding pro se, commenced this action on February 6, 2017, against the United States Postal Service (“USPS”), asserting tort and contract claims based on an allegation that the USPS lost a laptop that she mailed. (Compl., Docket Entry No. 1.) By Memorandum and Order dated May 24, 2017, the Court granted Plaintiff’s request to proceed in forma pauperis and dismissed Plaintiff’s tort claim for lack of subject matter jurisdiction pursuant to the postal matter exception under the Federal Tort Claims Act and Plaintiff’s contract claim for failure to exhaust administrative remedies. (Mem. & Order, Docket Entry No. 4.) The Court granted Plaintiff thirty (30) days to file an amended complaint on the contract claim. (See id.) More than thirty days have passed and Plaintiff has failed to file an amended complaint. Accordingly, for the reasons set forth in the May 24, 2017 Memorandum and Order, the case is 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444–45 (1962). The Clerk of Court is directed to enter judgment and close this case. SO ORDERED: s/ MKB MARGO K. BRODIE United States District Judge Dated: July 27, 2017 Brooklyn, New York 2

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