Hormeku v. DS 30 Morningside Master Tenant, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 24 CIVIL 8915 (KMW) -v- JUDGMENT

DS 30 MORNINGSIDE MASTER TENANT, LLC, Defendant. wn eK

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 28, 2025, the Court dismisses Plaintiff's claims against Defendant DS 30 Morningside Master Tenant, LLC for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(i1). To the extent Plaintiff is seeking to sue the United States Postal Service, those claims are dismissed on the basis of sovereign immunity, and therefore, for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Court declines to exercise supplemental jurisdiction over any state law claims Plaintiff may be asserting. See 28 U.S.C. § 1367(c)(3). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Dated: New York, New York August 22, 2025 TAMMI M. HELLWIG Clerkof Court

BY: tT Deputy Clerk