Jelich v. Hogan et al, No. 1:2009cv03278 - Document 8 (E.D.N.Y. 2009)

Court Description: MEMORANDUM DECISION AND ORDER: The complaint is dismissed without prejudice and plaintiff is granted leave to file an amended complaint pursuant to 42 U.S.C. § 1983. The Court grants plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 solely for the purpose of this Order. There have been several additional motions and documents filed by plaintiff. This decision also denies without prejudice 3 Motion to Appoint Counsel, as plaintiff has failed to demonstrate sufficient merit for the appointment of counsel; and denies as moot 5 Motion for Temporary Restraining Order and Motion for Permanent Injunction and 7 Motion for Preliminary Injunction. Plaintiff is hereby directed to fi le an amended complaint within 30 days from the date of this Order. No summons will issue at this time and all further proceedings shall be stayed for 30 days or until plaintiff has complied with this Order. If plaintiff fails to comply with this Ord er within the time allowed, the case shall be dismissed and any state law claims shall be dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 10/27/2009) C/mailed by Chambers. (Latka-Mucha, Wieslawa)