Reyes v. Board of Education of the Bellmore & Merrick School District

Filing 11

ORDER. Plaintiff is directed to file an applilcation to proceed in forma pauperis within 2 weeks from the date of this Order in order to proceed with her case. Failure to do so will lead to the dismissal of her claims without prejudice. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for the purpose of any appeal. Ordered by Judge Joanna Seybert on 5/19/2014. (C/M Plaintiff) (Nohs, Bonnie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
JOY REYES,
Plaintiff,

ORDER
14-CV-0661(JS)(GRB)

-againstBOARD OF EDUCATION OF THE BELLMORE
& MERRICK SCHOOL DISTRICT,
Defendant.
----------------------------------X
APPEARANCES
For Plaintiff:
Joy Reyes, pro se
P.O. Box 550
Merrick, NY 11566
For Defendant:

No appearance

SEYBERT, District Judge:
By Memorandum and Order dated March 24, 2014, the Court
dismissed the Complaint brought by Ellen Reyes (“Reyes”), as parent
and natural guardian of Joy Reyes (“Plaintiff”), without prejudice
and with leave to file an amended complaint.

(See March 24, 2014

Mem. & Order, Seybert, D.J.) Because Reyes, a non-attorney parent,
cannot represent her adult daughter in this case, Reyes and
Plaintiff were advised that in order to proceed with their claims,
brought pursuant to the Individuals with Disabilities Education
Act, 20 U.S.C. § 1400 et. seq., (“IDEA”), against the Board of
Education

of

the

Bellmore

and

Merrick

School

District

(“Defendant”), Plaintiff must complete and file her own application
to proceed in forma pauperis.1
1

(See March 24, 2014 Mem. & Order,

The Court granted Reyes’s application to proceed in forma
pauperis in the March 24, 2014 Memorandum and Order.

Seybert, D.J. at 7.) On April 28, 2014, Plaintiff filed an Amended
Complaint naming herself as the sole Plaintiff but did not file an
application to proceed in forma pauperis.

Accordingly, Plaintiff

is directed to file an application to proceed in forma pauperis
within two (2) weeks from the date of this Order in order to
proceed with her case.

Plaintiff’s failure to do so within the

time allowed will lead to the dismissal of her claims without
prejudice.
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,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is directed to mail a copy of the
Memorandum and Order to the pro se Plaintiff.

SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

May
19 , 2014
Central Islip, NY

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