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17-845 - Bukowski v. Spinner et al


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17-845 - Bukowski v. Spinner et al
April 28, 2017
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MEMORANDUM & ORDER terminating 2 Motion for Leave to Proceed in forma pauperis; granting 7 Motion to Withdraw; denying 11 Motion for Pre Motion Conference; denying 15 Motion for Pre Motion Conference; denying 16 Motion for Pre Motion Conference; For the reasons set forth above, Plaintiff's motion to withdraw her pending application to proceed in forma pauperis (Docket Entry 7) is GRANTED given her payment of the filing fee. However, the Complaint is sua sponte DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction pursuant to FED. R. CIV. P. 12(h)(3) and Defendants' applications requesting a pre-motion conference for the purpose of moving to dismiss the Complaint (Docket Entries 10, 11, 15, 16) are DENIED AS MOOT. The Court notes that the filing fee was paid while Plaintiff's application to proceed in forma pauperis was pending, and her application demonstrates that she is indigent. In light of the extraordinary circumstances in this case, IT IS HEREBY ORDERED that the filing fee shall be returned to Plaintiff. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore should Plaintiff seek leave to appeal in forma pauperis, such status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 4/28/2017. C/M; C/ECF (Valle, Christine)