Nachmenson v. Administration of Children's Services
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)
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.
UNITED STATES DISTRICT COURT
JUN 2 2 2017
EASTERN DISTRICT OF NEW YORK
[NOT FOR PUBLICATION]
MEMORANDUM & ORDER
I7-CV-3633 (WFK) (LB)
ADMINISTRATION FOR CHILDREN'S SERVICES,
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.
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.
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