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Jenkins v. City of Syracuse

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 5, 2006

MRS. SYLVIA JENKINS, PLAINTIFF,
v.
CITY OF SYRACUSE, MAYOR'S OFFICE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief U.S. District Court Judge

ORDER

I. Background

The Clerk has sent to the Court a civil rights Complaint, together with an application to proceed in forma pauperis, filed by Sylvia Jenkins ("Plaintiff" or "Jenkins")*fn1

In her pro se Complaint, Plaintiff alleges that three unidentified males beat her sister to death on February 7, 1990. See Docket No. 1.

II. Discussion

Section 1915(e) directs that when a Plaintiff seeks to proceed in forma pauperis, the Court:

(2) [S]hall dismiss the case at any time if the court determines that -***

(B) the action ... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B). Thus, the Court must determine that a Complaint is proper before it permits a plaintiff to proceed with his or her action in forma pauperis. Id.

Plaintiff brings this action pursuant to 42 U.S.C. §1983. Section 1983 establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" of the United States. German v. Fed. Home Loan Mortg. Corp., 885 F.Supp. 537, 573 (S.D.N.Y. 1995) (citing Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983)) (footnote omitted). The "applicable statute of limitations for § 1983 actions arising in New York requires claims to be brought within three years." Pinaud v. County of Suffolk, 52 F.3d 1139, 1156 (2d Cir. 1995).

In the complaint, Plaintiff alleges that the events occurred in February of 1990. The Complaint is dated August 21, 2006, and was filed on August 21, 2006. Thus, Plaintiff's claims are barred by the applicable statute of limitations and must be dismissed.

In light of the foregoing, Plaintiff's application to proceed in forma pauperis is denied as moot.

III. Conclusion

For the reasons stated above, the pleading, as presented to this Court, cannot be supported by an arguable basis in law and must therefore be dismissed pursuant to 28 U.S.C. § 1915(e).

WHEREFORE, it is hereby

ORDERED, that this action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and Rule 5.4(a) of the Local Rules of Practice of this District, and it is further

ORDERED, that Plaintiff's in forma pauperis application is denied as moot, and it is further ORDERED, that the Clerk serve a copy of this Order on Plaintiff by regular mail.

IT IS SO ORDERED.


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