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Minister Khurt Bey Ex Rel Curtis Clyde : Beatty v. the State of New York

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


February 1, 2011

MINISTER KHURT BEY EX REL CURTIS CLYDE : BEATTY,
PLAINTIFF,
v.
THE STATE OF NEW YORK, FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF WESTCHESTER, JUDGE NILDA MORALES HOROWITZ AND ALL, AGENTS, DIEDRA JOHNSON, DEFENDANTS.

The opinion of the court was delivered by: Hochberg, District Judge:

NOT FOR PUBLICATION

ORDER

This matter having come before the Court upon pro se Plaintiff's application to proceed in forma pauperis under 28 U.S.C. § 1915; and Plaintiff having filed a Complaint on January 14, 2011;*fn1 and this Court having reviewed Plaintiffs' indigency status and having sua sponte screened the Complaint pursuant to 28 U.S.C. §1915(e)(2)(B) to determine if it is frivolous or fails to state a claim; and it appearing that Plaintiffs' Complaint is frivolous in that, giving Plaintiffs all reasonable inferences, the Complaint raises no federal grounds upon which relief may be granted,*fn2 nor does it provide a basis upon which this Court might exercise diversity jurisdiction,*fn3

IT IS on this 1st day of February, 2011, hereby ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED; and it is further

ORDERED that Plaintiff may file an Amended Complaint by February 28, 2011 to state a valid cause of action against Defendants; and it is further

ORDERED that if Plaintiff fails to file an Amended Complaint that comports with this Order, his Complaint will be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(I).

Hon. Faith S. Hochberg, U.S.D.J.


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