Opinion
21-CV-4445 (LTS)
04-04-2022
KEITH S. MORRIS, Plaintiff, v. PRESIDENT DONALD J. TRUMP, et al., Defendants.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Plaintiff brought this complaint pro se, asserting claims in connection with (1) the failure of the New York City Department of Consumer Affairs in 2017, to renew his license to act as a towing operator; and (2) problems with his unemployment insurance and social security benefits. By order dated June 1, 2021, the Court held, among other things, that many of the federal defendants were immune from suit; that Plaintiff's claims under 42 U.S.C. § 1983 appeared to be time-barred; and that, insofar as Plaintiff was seeking review of the denial of social security benefits, he had not alleged facts showing that he had exhausted his administrative remedies. The Court granted Plaintiff leave to amend his complaint within 60 days, and then on August 3, 2021, dismissed the action for Plaintiff's failure to file an amended complaint. (ECF 7-8.)
On February 9, 2022, the Court reopened this matter at Plaintiff's request and directed him to file his amended complaint within 60 days. In April 2022, before the 60-day deadline expired, Plaintiff left a telephone voicemail message in the chambers of the undersigned stating that he was having issues with computer hacking that prevented him from submitting the amended complaint.
First, the Court notes that communications with the Court generally must be in writing and must be submitted to the Pro Se Intake Unit of the Clerk's Office. For procedural assistance, Plaintiff can call the Court's Pro Se Intake Unit at 212-805-1075, not the chambers of the assigned district judge.
Second, because Plaintiff is proceeding pro se, and in light of his computer issues, the Court extends for 30 days from the date of this order the time for Plaintiff to amend his complaint. The Court will not entertain future requests from Plaintiff that are made by telephone rather than in writing. Finally, if Plaintiff is unable to complete the amended complaint form digitally on a computer, he can neatly fill out the amended complaint form in writing and mail it to the Pro Se Intake Unit.
Plaintiff may wish to contact the New York Legal Assistance Group (NYLAG) for assistance in drafting an amended complaint. An informational flyer provided by NYLAG is attached to this order.
CONCLUSION
The Court extends for 30 days from the date of this order the time for Plaintiff to amend his complaint. If Plaintiff chooses to file an amended complaint, it must be submitted to this Court's Pro Se Intake Unit within 30 days of the date of this order, be captioned as an “Amended Complaint, ” and be labeled with docket number 21-CV-4445 (LTS). An Amended Complaint form and NYLAG flyer are attached to this order. No summons will issue at this time.
If Plaintiff fails to comply within the time allowed, the complaint will be dismissed in its entirety for failure to state a claim upon which relief may be granted.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.