Abulkhair v. The Federal Bureau of Investigation
Abulkhair v. The Federal Bureau of Investigation
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ASSEM ABULKHAIR, Plaintiff, 24-CV-2151 (LTS) -against- ORDER THE FEDERAL BUREAU OF INVESTIGATION, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se and in forma pauperis. By order dated May 22, 2024, the Court dismissed the complaint as frivolous under
28 U.S.C. § 1915(e)(2)(B)(i). On June 18, 2024, Plaintiff filed motion for reconsideration, and on June 20, 2024, he filed a notice of appeal to the United States Court of Appeals for the Second Circuit. By order dated July 3, 2024, the Court denied Plaintiff’s motion for reconsideration. (ECF 8.) On July 17, 2024, Plaintiff filed a “Notice of Motion to File Corrected Complaint” in this closed action, in which he sought permission to file a “corrected complaint to be reviewed by the appellate court.” (ECF 11, at 1.) Along with the motion, Plaintiff filed a proposed 164-page amended complaint. The Court has previously denied Plaintiff leave to file an amended complaint because leave to amend is not required where it would be futile, and the defects in Plaintiff’s complaint could not be cured with an amendment. (See ECF 4, at 8.) For this same reason, the Court denies Plaintiff’s request to file a “corrected complaint” in this closed action. (ECF 11.) CONCLUSION The Court denies Plaintiff’s request to file a “corrected complaint.” (ECF 11.) This action is closed. 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: January 16, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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