UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KEITH S. MORRIS, Plaintiff, 21-CV-4445 (LTS) -against- ORDER PRESIDENT DONALD J. TRUMP, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brought this complaint pro se, asserting claims in connection with (1) the failure of the New York City Department of Consumer Affairs in 2017, to renew his license to act as a towing operator; and (2) problems with his unemployment insurance and social security benefits. By order dated June 1, 2021, the Court held, among other things, that many of the federal defendants were immune from suit; that Plaintiff’s claims under 42 U.S.C. § 1983 appeared to be time-barred; and that, insofar as Plaintiff was seeking review of the denial of social security benefits, he had not alleged facts showing that he had exhausted his administrative remedies. The Court granted Plaintiff leave to amend his complaint within 60 days, and then on August 3, 2021, dismissed the action for Plaintiff’s failure to file an amended complaint. (ECF 7-8.) On February 9, 2022, the Court reopened this matter at Plaintiff’s request and directed him to file his amended complaint within 60 days. In April 2022, before the 60-day deadline expired, Plaintiff left a telephone voicemail message in the chambers of the undersigned stating that he was having issues with computer hacking that prevented him from submitting the amended complaint. First, the Court notes that communications with the Court generally must be in writing and must be submitted to the Pro Se Intake Unit of the Clerk’s Office. For procedural assistance, Plaintiff can call the Court’s Pro Se Intake Unit at 212-805-1075, not the chambers of the assigned district judge. Second, because Plaintiff is proceeding pro se, and in light of his computer issues, the Court extends for 30 days from the date of this order the time for Plaintiff to amend his
complaint. The Court will not entertain future requests from Plaintiff that are made by telephone rather than in writing. Finally, if Plaintiff is unable to complete the amended complaint form digitally on a computer, he can neatly fill out the amended complaint form in writing and mail it to the Pro Se Intake Unit. Plaintiff may wish to contact the New York Legal Assistance Group (NYLAG) for assistance in drafting an amended complaint. An informational flyer provided by NYLAG is attached to this order. CONCLUSION The Court extends for 30 days from the date of this order the time for Plaintiff to amend his complaint. If Plaintiff chooses to file an amended complaint, it must be submitted to this Court’s Pro Se Intake Unit within 30 days of the date of this order, be captioned as an “Amended
Complaint,” and be labeled with docket number 21-CV-4445 (LTS). An Amended Complaint form and NYLAG flyer are attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, the complaint will be dismissed in its entirety for failure to state a claim upon which relief may be granted. 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 in forma pauperis 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: April 4, 2022 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CV TT (clu ber if has b Write the full name of each plaintiff. ened) nummer troneines seen
-against- AMENDED
COMPLAINT □□ Do you want a jury trial? [(1Yes (CINo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? [] Federal Question L] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , ,is a citizen of the State of (Plaintiffs name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
Page 2
If the defendant is an individual:
The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of . If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available) B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KEITH S. MORRIS, Plaintiff, 21-CV-4445 (LTS) -against- ORDER PRESIDENT DONALD J. TRUMP, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brought this complaint pro se, asserting claims in connection with (1) the failure of the New York City Department of Consumer Affairs in 2017, to renew his license to act as a towing operator; and (2) problems with his unemployment insurance and social security benefits. By order dated June 1, 2021, the Court held, among other things, that many of the federal defendants were immune from suit; that Plaintiff’s claims under 42 U.S.C. § 1983 appeared to be time-barred; and that, insofar as Plaintiff was seeking review of the denial of social security benefits, he had not alleged facts showing that he had exhausted his administrative remedies. The Court granted Plaintiff leave to amend his complaint within 60 days, and then on August 3, 2021, dismissed the action for Plaintiff’s failure to file an amended complaint. (ECF 7-8.) On February 9, 2022, the Court reopened this matter at Plaintiff’s request and directed him to file his amended complaint within 60 days. In April 2022, before the 60-day deadline expired, Plaintiff left a telephone voicemail message in the chambers of the undersigned stating that he was having issues with computer hacking that prevented him from submitting the amended complaint. First, the Court notes that communications with the Court generally must be in writing and must be submitted to the Pro Se Intake Unit of the Clerk’s Office. For procedural assistance, Plaintiff can call the Court’s Pro Se Intake Unit at 212-805-1075, not the chambers of the assigned district judge. Second, because Plaintiff is proceeding pro se, and in light of his computer issues, the Court extends for 30 days from the date of this order the time for Plaintiff to amend his
complaint. The Court will not entertain future requests from Plaintiff that are made by telephone rather than in writing. Finally, if Plaintiff is unable to complete the amended complaint form digitally on a computer, he can neatly fill out the amended complaint form in writing and mail it to the Pro Se Intake Unit. Plaintiff may wish to contact the New York Legal Assistance Group (NYLAG) for assistance in drafting an amended complaint. An informational flyer provided by NYLAG is attached to this order. CONCLUSION The Court extends for 30 days from the date of this order the time for Plaintiff to amend his complaint. If Plaintiff chooses to file an amended complaint, it must be submitted to this Court’s Pro Se Intake Unit within 30 days of the date of this order, be captioned as an “Amended
Complaint,” and be labeled with docket number 21-CV-4445 (LTS). An Amended Complaint form and NYLAG flyer are attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, the complaint will be dismissed in its entirety for failure to state a claim upon which relief may be granted. 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 in forma pauperis 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: April 4, 2022 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CV TT (clu ber if has b Write the full name of each plaintiff. ened) nummer troneines seen
-against- AMENDED
COMPLAINT □□ Do you want a jury trial? [(1Yes (CINo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? [] Federal Question L] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , ,is a citizen of the State of (Plaintiffs name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
Page 2
If the defendant is an individual:
The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of . If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available) B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 2: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 3: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 4: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code III. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed. INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
IV. RELIEF State briefly what money damages or other relief you want the court to order. V. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. I agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff's Signature
Telephone Number Email Address (if available)
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: OlYes If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.
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Notice For Pro Se Litigants As a public health precaution, the New York Legal Assistance Group’s Legal Clinic for Pro Se Litigants has temporarily suspended all in- person client meetings as of Tuesday, March 17, 2020. =
Limited scope legal assistance will continue to SS ee 2 ge □□ BR □□ be provided, but only by appointment and only i Pipe ll □□ □ over the phone. During this time, we cannot Ah i ba □ □□ assist walk-in visitors to the clinic. sae ae | □□□ , aE □□□ □□□ □ : es al Sg □□□□ If you need the assistance of the clinic, please Be : □□ call 212-659-6190 and leave a message, too □□□ including your telephone number, and someone bee □□□ will get back to you as soon as possible. If you do i □□ ee not leave a message with your telephone od eee number, we cannot call you back. ps □□
Please be patient because our responses to your : Rees □ messages may be delayed while we transition to ee phone appointments. mae □□□
New York HE Legal Assistance Group