Ezeani v. Zuchowski

U.S. DISTRICT □□□□□ UNITED STATES DISTRICT COURT DISTRICT DF VERMONT FOR THE DISTRICT OF VERMONT 2627 JUL 11 PM □ 06 GREGORY IFESINACHI EZEANI, ) ous BY Plaintiff, ity CLEAR v. ) Case No. 5:22-cv-76 ) LAURA B. ZUCHOWSKI, ) Director of USCIS Vermont Service Center, ) ) Defendant. ) ) ORDER DISMISSING AMENDED COMPLAINT AND DISMISSING CASE (Doc. 6) On May 5, 2022, self-represented Plaintiff Gregory Ifesinachi Ezeani was granted leave to proceed in forma pauperis under 28 U.S.C. § 1915; however, Plaintiff's Complaint was dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B). (Doc. 4.) Plaintiff timely filed an Amended Complaint (Doc. 6), which the court now considers.

Dismissal is warranted for substantially the same reasons as explained in the May 5 Order. (See Doc. 4 at 3-5.) Although Plaintiff now seeks $10,000,000 in damages, the Amended Complaint does not state a Bivens claim against Defendant. See Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971); Ziglar v. Abbasi, 137 S. Ct. 1843, 1857 (2017) Because Plaintiff has not plausibly alleged a claim for relief, his Amended Complaint is DISMISSED. The court hereby certifies that under 28 U.S.C. § 1915(a)(3) any appeal would not be taken in good faith.

SO ORDERED.

Dated at Burlington, in the District of Vermont, this 11" day of July 2022.

/s/ Geoffrey W. Crawford Geoffrey W. Crawford, Chief Judge United States District Court