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16-900 - Boothe v. Rossrock Funds II LP et al


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16-900 - Boothe v. Rossrock Funds II LP et al
May 23, 2017
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ORDER granting 33 Motion to Dismiss: For the reasons stated in the attached, the Amended Complaint is dismissed for lack of subject matter jurisdiction. Fed. R. Civ. 12(h)(3). Furthermore, the Court orders that Plaintiff, Andre Audige, and Jody Ashton are enjoined from filing any motions, petitions, or actions in the District Court and Bankruptcy Court for the Eastern District of New York, relating to the property located at 3221 Church Avenue, Brooklyn, New York 11226, without first obtaining leave of this Court and leave of the Honorable Mark I. Partnow of the New York Supreme Court. The Clerk of Court is directed to return to Plaintiff, without filing, any submission that is received without an application seeking to file. 28 U.S.C. § 1651. Nothing herein shall be construed to prohibit Plaintiff from filing an appeal of this Order. However, 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 an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 5/23/2017. (Lee, Helen)