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Rushing v. Drug Enforcement Administration

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 12, 2007

SHAUN RUSHING, PRO SE, PLAINTIFF,
v.
DRUG ENFORCEMENT ADMINISTRATION, DEFENDANT.

The opinion of the court was delivered by: Dora L. Irizarry, United States District Judge

ORDER AND JUDGMENT

On September 10, 2007, Shaun Rushing, proceeding pro se, filed a complaint with this Court using a form complaint for employment discrimination actions and named as defendant the Drug Enforcement Administration. However, his only allegations were that the defendant had "unlawful[ly] investigated" him and "I have been wronged by this Agency for somtime [sic] now. I have been endangered, mistreated, assaulted and slandered." Complaint ¶¶ 7-8.

By Order dated October 26, 2007, the Court granted the plaintiff permission to proceed in forma pauperis and granted him 30 days within which to submit an amended complaint that complied with Rule 8 of the Federal Rules of Civil Procedure. More than 30 days have elapsed, and Mr. Rushing has not filed an amended complaint. Accordingly, the complaint is dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B).

It is hereby ORDERED, ADJUDGED, AND DECREED that the instant action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). The Court certifies, pursuant to 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 purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

It is further hereby ORDERED that this matter be closed. Service of a copy of this Order shall be made by the Clerk of the Court on pro se plaintiff, at the address provided by him for that purpose, and on defendant, U.S. Drug Enforcement Administration, at 99 Tenth Avenue, New York, New York 10011, by certified mail with return receipt.

DORA L. IRIZARRY United States District Judge

20071212

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