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17-419 - Warren et al v. D.S.S. of N.Y. et al


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17-419 - Warren et al v. D.S.S. of N.Y. et al
April 12, 2017
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ORDER: For the reasons in the attached, while the Court cannot envision that Plaintiff's claim against Defendants could be properly pled to establish subject matter jurisdiction, out of an abundance of caution, Plaintiff is directed to file a second amended complaint within 30 days of this order establishing subject matter jurisdiction. Furthermore, to the extent Plaintiff seeks to bring a claim of fraud against DSS and its employees for their conduct, the second amended complaint must, as explained in footnote 5 of the Memorandum and Order, (1) be only against the City of New York and (2) allege sufficient facts to state this claim with the requisite particularity. Moreover, to the extent that Plaintiff challenges the lien or Medicaid claim on behalf of the Estate of Martha Mayes, Plaintiff must allege that he is "the administrator and sole beneficiary of an estate with no creditors ...." Naughton v. Naughton, No. 11-CV-2865, 2011 WL 370192, at *2 (E.D.N.Y. Aug. 23, 2011). 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). Ordered by Judge Pamela K. Chen on 4/12/2017. (Lee, Helen)
August 16, 2017
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ORDER DISMISSING CASE: For the reasons set forth in the attached Order, this action is dismissed. Any potential state law claims are dismissed without prejudice. 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 respectfully directed to close this case. Ordered by Judge Pamela K. Chen on 8/16/2017. (Lee, Helen)