KIMM v. LEE

Full title: MICHAEL S. KIMM, Plaintiff, v. CHANG HOON LEE, CHAMP, INC., IN CHUL YEON…

Court: United States District Court, S.D. New York

Date published: Feb 14, 2005

No. 04 Civ. 5724 (HB) (S.D.N.Y. Feb. 14, 2005)

Opinion

No. 04 Civ. 5724 (HB).

February 14, 2005

OPINION ORDER

HAROLD BAER, JR., District Judge

WHEREAS, Plaintiff ("Kimm") filed a Request for Leave to File an Amended Complaint;

WHEREAS, Plaintiff's letter fails to provide additional facts which might constitute properly pleaded violations of the wire and mail fraud statutes, under 19 U.S.C §§ 1341, 1343; and

WHEREAS, Plaintiff's letter fails to cure the original complaint's failure to sufficiently allege a Racketeering etc. (RICO) violation. See 18 U.S.C § 1961; it is hereby,

ORDERED that Kimm's letter of January 28, 2005 is insufficient for this court to grant permission to amend; and it is further

ORDERED that the complaint be dismissed with prejudice; and it is further

ORDERED that the clerk is instructed to close this case and removed this and any open motions from my docket.

IT IS SO ORDERED.