Opinion
Civil Action 22-CV-1872
06-21-2022
AVERY MIGUEL PERRY, SR., et al., Plaintiffs, v. MICHELE PAOLILLO (ROMERO), et al., Defendants.
ORDER
JOEL H. SLOMSKY, J.
AND NOW, this 21st day of June, 2022, upon consideration of Plaintiff Avery Miguel Perry, Sr.'s Motion to Proceed In Forma Pauperis (ECF No. 11), pro se Complaint (ECF No. 2), Petition for Emergency Relief from Abuse (ECF No. 3), “Complaint Continued,” which was docketed as an “Amended Complaint” (ECF No. 13), and Exhibits (ECF Nos. 15-19) is
ORDERED that:
1. Perry's Motion for Leave to Proceed In Forma Pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. The Complaint and Amended Complaint are DEEMED filed.
3. This case is DISMISSED as follows:
a. Claims raised on behalf of Perry's son are DISMISSED WITHOUT PREJUDICE for lack of standing.
b. Perry's federal claims are DISMISSED WITH PREJUDICE for failure to state a claim.
c. Perry's state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The dismissal of these claims is without prejudice to Perry reasserting any state claims in the proper state court.1
4. The Petition for Emergency Relief from Abuse is DENIED.
5. The Clerk of Court shall CLOSE this case. 2