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08-2249 - McHenry v. Katzmann


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08-2249 - McHenry v. Katzmann
June 13, 2008
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ORDER re 3 Letter from Plaintiff and ORDER OF DISMISSAL --- The court is NOT in receipt of any letter from Kenneth Stahl or any other person requesting dismissal of this action. Nor has any motion to dismiss been filed. No such letter is listed on the docket sheet. Moreover, it is the practice of the undersigned to have all correspondence directed and sent to the court either filed electronically or docketed by the Clerk's Office. In any event, plaintiff's request for an opportunity to oppose any motion to dismiss the complaint is DENIED in light of the instant Order of the court sua sponte dismissing this action. A district court has the inherent power to dismiss a case, sua sponte, if it determines that the action is frivolous or the court lacks jurisdiction over the matter. For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, this action is DISMISSED in its entirety as frivolous and with prejudice. The Court certifies pursuant to 28 U.S.C. ยง 1915 (a)(3) that any request to appeal from this order in forma pauperis would not be taken in good faith. The Clerk of the Court is directed to mail a copy of this Order and the ATTACHED WRITTEN MEMORANDUM AND ORDER to pro se plaintiff and to close the file maintained in this matter. SO ORDERED by Judge Dora Lizette Irizarry on 06/13/08. (Irizarry, Dora)
June 19, 2008
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CLERK'S JUDGMENT, in favor of Robert A. Katzmann against Loretta McHenry. ORDERED and ADJUDGED that pltff. take nothing of deft; that pltff's complaint is dismissed in its entirety w/prejudice; and that any request to appeal from the Order ifp would not be taken in good faith. (So Ordered by Robert C. Heinemann, Clerk of Court on 6/17/08). C/M to Pltff. w/appeals pkg. (Layne, Monique)