Grigoli v. 42 U.S.C. 654(3) Child Support Enforcement Division et al

Filing 4

ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a civil judgment is entered. The Cour t dismisses with prejudice all claims against the Child Support Enforcement Division on immunity grounds and as frivolous. 28 U.S.C. § 1915(e)(2)(B)(i), (iii). The Court also dismisses with prejudice Plaintiff's due process claims for fail ure to state a claim. 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is granted leave to replead, within 30 days, claims that he may be attempting to assert under § 1983 against Columbia County and its agents. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within thirty days of the date of this order, caption the document as an "Amended Comp laint," and label the document with docket number 18-CV-3672 (NSR). An Amended Complaint form is attached to this order. If Plaintiff fails to submit an amended complaint within the time allowed, and does not show good cause to excuse such fai lure, the Court will enter a civil judgment consistent with this order and direct the Clerk of Court to terminate this matter. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, an d therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962). 42 U.S.C. 654(3) Child Support Enforcement Division terminated. (Signed by Judge Nelson Stephen Roman on 5/1/2018) (kgo)

CONCLUSION

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a
civil judgment is entered.
The Court dismisses with prejudice all claims against the Child Support Enforcement
Division on immunity grounds and as frivolous. 28 U.S.C. § 1915(e)(2)(B)(i), (iii). The Court
also dismisses with prejudice Plaintiffs due process claims for failure to state a claim. 28 U.S.C.
§ 1915(e)(2)(B)(ii). Plaintiff is granted leave to replead, within 30 days, claims that he may be
attempting to assert under § 1983 against Columbia County and its agents.
Plaintiff is granted leave to file an amended complaint that complies with the standards
set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit
within thirty days of the date of this order, caption the document as an "Amended Complaint,"
and label the document with docket number 18-CV-3672 (NSR). An Amended Complaint form is
attached to this order. If Plaintiff fails to submit an amended complaint within the time allowed,
and does not show good cause to excuse such failure, the Court will enter a civil judgment
consistent with this order and direct the Clerk of Court to terminate this matter.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore in Jonna pauperis status is denied for the purpose of an
appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated:

May o I, 2018
White Plains, New York
NELSON S. ROMAN
United States District Judge

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