Agbor v. Presidency of the Republic of Equatorial Guinea et al, No. 1:2018cv08611 - Document 67 (S.D.N.Y. 2019)

Court Description: ORDER: The Court has reviewed plaintiff Guychristian Agbor's application to proceed without prepaying fees or costs. Dkt. 66. The Court grants Agbor leave to proceed in forma pauperis. 28 U.S.C. § 1915. For the reasons set forth in the Repo rt and Recommendation of the Hon. Robert W. Lehrburger, United States Magistrate Judge, Dkt. 59 at 37-40 and in this Courts August 1, 2019 Opinion and Order, Dkt. 62 at 5, Agbor's claims relating to the Miss Universe pageant fail on their face t o state a claim. The Court therefore sua sponte dismisses those claims, with prejudice. See 28 U.S.C. § 1915(e)(2)(B)(ii) (district court may dismiss any part of an in forma pauperis action where it is satisfied that the action "fails to st ate a claim on which relief may be granted"). Should Agbor properly effectuate service of his amended complaint, he may pursue his claim concerning defendants' purchase of cellphones. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/13/2019) (ama)