Nachmenson v. Administration of Children's Services

Filing 4

MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the foregoing reasons, Plaintiff's complaint against ACS is dismissed pursuant to 28 U.S.C. § l915(e)(2)(B)(ii) and amendment of the Complaint would be fut ile. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. Ordered by Judge William F. Kuntz, II on 6/20/2017. (Layne, Monique)

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FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. ★ UNITED STATES DISTRICT COURT JUN 2 2 2017 EASTERN DISTRICT OF NEW YORK X BROOKLYN OFFICE GEULA NACHMENSON, Plaintiff. [NOT FOR PUBLICATION] V. MEMORANDUM & ORDER I7-CV-3633 (WFK) (LB) ADMINISTRATION FOR CHILDREN'S SERVICES, Defendant. X WILLIAM F. KUNTZ, II, United States District Judge: Geula Nachmenson ("Plaintiff) brings the instant prose action against the New York City Administration for Children's Services ("ACS"). Plaintiffsrequest to proceed informa pauperis is granted, but the Complaint is hereby dismissed. BACKGROUND The Complaint alleges that, in March 2016, Plaintiff met with the Department of Homeless Services ("DHS") about housing, and, several days later, ACS arrived ather apartment and announced that they were investigating her family. Compl. at 6, ECF No. 1. Plaintiff states that ACS made frequent home visits and went to her children's school, where her children were embarrassed to be singled out. Id. Plaintiff states that she appeared in Family Court and the case was dismissed. Id. According to Plaintiff, a year later, on March 31, 2017, ACS again appeared atthe homeless shelter where her family was then living. Id. She alleges that Miss T. Walden and Miss Bennett asked her children questions and asked to examine their bodies. Id. She alleges that, later that day, ACS arrived with police officers and asked Plaintiffshusband to leave the shelter. Id. She states that, on the following Monday, ACS arrived with anorder of protection against Plaintiffs husband, and he was excluded from the shelter until April 13, 2017. s/WFK, USDJ

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