Roberts v. Mount Pleasant Local City Court

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAZMINE I. ROBERTS, Plaintiff, -against- 24cv4949 (LTS) MT. PLEASANT LOCAL CITY COURT; CIVIL JUDGMENT MARK FITZMAURICE; HONORABLE JUDGE RUBEO; JOHN DOES, Defendants. For the reasons stated in the October 24, 2024, order, this action is dismissed. Plaintiff’s complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), (iii), with 30 days’ leave to replead facts solely with respect to her excessive force claim against the WCDOC employees. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the 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). SO ORDERED. Dated: October 25, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge