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17-1020 - Kemp v. Henry

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17-1020 - Kemp v. Henry
March 1, 2017
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MEMORANDUM DECISION AND ORDER dated 3/1/17 granting 2 Motion for Leave to Proceed in forma pauperis. The complaint is dismissed for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3). Plaintiff is granted 20 days leave to file an amended complaint.If plaintiff fails to comply with this Order within the time allowed, judgment shall enter. No summons shall issue at this time and all further proceedings shall be stayed for 20 days. The Court certifies pursuant to 28:1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 3/1/2017 ) c/m with unpublished decision mailed by chambers (Guzzi, Roseann)
May 6, 2017
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MEMORANDUM DECISION AND ORDER denying defendant's 8 Letter MOTION to Dismiss Case as Frivolous and for Lack of Jurisdiction. Ordered by Judge Brian M. Cogan on 5/6/2017. (Cogan, Brian)