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16-146 - Aquino v. SAG AFTRA


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16-146 - Aquino v. SAG AFTRA
January 25, 2016
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MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED and his application for a Temporary Restraining Order and/or Preliminary Injunction is DENIED. Given that Plaintiff's Amended Complaint fails to allege plausible Section 1983 claims, such claims are sua sponte DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B). Though thin, Plaintiff's ADA claims shall proceed and Plaintiff shall provide Defendants' addresses to the Clerk of the Court within fourteen (14) days of the date of this Memorandum and Order. Upon timely receipt of Defendants' addresses, the Clerk shall provide summonses, copies of the Amended Complaint, and this Order to the USMS for service upon Defendants forthwith. 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 any appeal. So Ordered by Judge Joanna Seybert on 1/25/2016. C/M (Valle, Christine)
March 7, 2017
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MEMORANDUM & ORDER granting 17 Motion to Dismiss for Failure to State a Claim; granting 17 Motion to Dismiss for Lack of Jurisdiction; granting 22 Motion to Strike; For the foregoing reasons, Defendants' motion to strike (Docket Entry 21) is GRANTED and Plaintiff's Sur-Reply (Docket Entry 20) is STRICKEN. Additionally, Defendants' motion to dismiss (Docket Entry 17) is GRANTED. As set forth above, Plaintiff's claims dismissed for lack of standing are DISMISSED WITHOUT PREJUDICE and Plaintiff's remaining Title II and Title III claims are DISMISSED WITH PREJUDICE. Given Plaintiff's pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 3/7/2017. C/M; C/ECF (Valle, Christine)