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16-7083 - Watkins v. City of New York


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16-7083 - Watkins v. City of New York
February 2, 2017
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MEMORANDUM AND ORDER: On December 21, 2016, plaintiff Shawnneka T. Watkins ("plaintiff' or Watkins), appearing pro se, filed this action pursuant to 42 U.S.C. § 1983. Plaintiff seeks unspecified damages and injunctive relief. The Court grants plaintiffs request to proceed in forma pauperis solely for the purpose of this Order. The papers attached to the complaint indicate that on December 6, 2016, Watkins was appointed a guardian ad litem by Housing Court Judge Daniele Chinea and that the housing court proceeding was adjourned until January 23, 2017 to allow the guardian to appear for plaintiff. See Compl., Doc. 1-2 at ECF p. 31, Decision and Order, Index Number 15263/16 of the Civil Court of the City of New York, County of Kings. Accordingly, this Court cannot reach the merits of plaintiffs claims because, as an incompetent person, she cannot pursue them on her own behalf. Fed. R. Civ. P. l7(c); Berrios v. N.Y. City Hous. Auth., 564 F.3d 130, 134 (2d Cir. 2009); see also Ferrelli v. River Manor Health Care Ctr., 323 F.3d 196, 201 (2d Cir. 2003). If plaintiffs guardian ad lit em wishes to pursue this action on her behalf, the guardian ad litem must file suit within 30 days from the date of this Order or the action will be dismissed without prejudice. See Berrios, 564 F.3d at 135. The Clerk of Court is directed to send a copy of this Order to plaintiff. 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 an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Re 2 Motion for Leave to Proceed in forma pauperis. Ordered by Judge William F. Kuntz, II on 2/2/2017. (Rodriguez, Lori)
April 4, 2017
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VACATED pursuant to 10 Order and Mandate 11 of the U.S. Court of Appeals. This entry has been modified on [10/19/17] to indicate order 7 has been vacated. (Mary Ann McGee). MEMORANDUM AND ORDER: This action is dismissed without prejudice. See Berrios, 564 F.3d at 135. 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 an appeal. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this action. So Ordered by Judge William F. Kuntz, II on 4/3/2017. (Tavarez, Jennifer) Modified on 10/19/2017 (McGee, Mary Ann).