Johnson v. Alma

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VANDYKE JOHNSON, Plaintiff, -against- 19-CV-8093 (CM) DIANA ALMA; CHILD PROTECTIVE SPECIALIST; DAVID A. HANSELL, ORDER COMMISSIONER OF CHILDREN SERVICES; CITY OF NEW YORK, Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated October 15, 2019, the Court dismissed Plaintiff’s complaint as barred by the domestic relations exception to federal jurisdiction and the Younger abstention doctrine. (ECF No. 6.) That order also denied Plaintiff’s request for injunctive relief. (Id.) On December 2, 2019, Plaintiff filed a letter (ECF No. 8) informing the Court that his criminal case was dismissed and requesting that the Court reopen this case and allow him to amend his complaint. Plaintiff’s request to have the Court reopen this case and allow him to amend his complaint is DENIED. If Plaintiff wishes to pursue a claim for false arrest against proper defendants, he may file a new action in this Court. Plaintiff is advised that any new action he files must be accompanied by either the $400.00 in filing fees or a completed and signed request to proceed in forma pauperis (IFP). If Plaintiff needs legal advice related to this matter, he may contact the New York Legal Assistance Group’s Legal Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. A copy of the flyer with details of the clinic is attached to this order. CONCLUSION The Clerk of Court is directed to transmit a copy of this order to Plaintiff! and note service on the docket. Plaintiff's request to have the Court reopen this case and allow him to amend his complaint is DENIED. Plaintiff may file a new action in this Court in accordance with the standards set forth above. 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. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: December 11, 2019 New York, New York hie. Iu Wik Chief United States District Judge

' Plaintiff has consented to electronic service.

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The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a free legal clinic staffed by attorneys and paralegals to assist those who Thurgood Marshall are representing themselves or planning to United States Courthouse represent themselves in civil lawsuits in the Room LL22 Southern District of New York. The clinic, 40 Centre Street which is not part of or run by the court, New York, NY 10007 assists litigants with federal civil cases (212) 659 6190 including cases involving civil rights, employment discrimination, labor law, Open weekdays social security benefits, foreclosure and tax. lO a.m.- 4 p.m. The clinic cannot assist individuals while Closed on federal and court holidays they are incarcerated, but can provide assistance to litigants once they are released from custody. To make an appointment for a The Hon. Charles L. Brieant Jr. consultation, call (212) 659-6190 or come Federal Building and Courthouse by either clinic during office hours. Please 300 Quarropas St note that a government-issued photo ID is White Plains, NY 10601 required to enter either building. (212) 659 6190 The clinic offers in-person Open Wednesday appointments only. The clinic does 12 p.m.- 4 p.m. not offer assistance over the phone Closed on federal and court holidays or by email.

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