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08-522 - Bastiano v. Vairo et al


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08-522 - Bastiano v. Vairo et al
April 17, 2008
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MEMORANDUM AND ORDER, By Order dated 2/14/08, pltff's request for injunctive relief was denied and, although the complaint failed to provide a basis for the exercise of this Court's jurisdiction, pltff was afforded 30 days to file an amended complaint. The amended complaint makes no attempt to satisfy the amount in controversy requirement as noted in the Court's earlier order, nor, beyond the pltff's own home address, does it inform the Court as to any geographical basis for potential diversity jurisdiction. And even if the complaint is construed broadly as invoking the Court's subject matter jurisdiction by raising a copyright claim, pltff has failed to state that he owns a valid copyright or demonstrate how defts infringed on his copyright as this Court directed that he do in its 2/14/08 order. Accordingly, the action must be, and hereby is, dismissed w/o prejudice. Intending no comment on the merits of any state law claims raised by pltff, the Court notes that the dismissal of this action does not foreclose the pursuit of such claims in an appropriate state court. Finally, the Court certifies pursuant to 28 USC sec. 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 purpose of an appeal. The Clerk of the Court is directed to close this case. (Ordered by Judge Eric N. Vitaliano on 4/15/08) c/m Fwd. for Judgment. (Galeano, Sonia)