UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
July 7, 2008
EDWARD MANFREDONIA, PLAINTIFF,
YAHOO! INC., DEFENDANT.
The opinion of the court was delivered by: Townes, District Judge
MEMORANDUM and ORDER
On April 14, 2008, plaintiff, Edward Manfredonia, commenced this pro se action against defendant Yahoo! Inc. ("Yahoo"). By Memorandum and Order, dated June 17, 2008, this Court granted plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, dismissed the complaint for lack of jurisdiction, and granted plaintiff leave to file an amended complaint within 30 days. On June 30, 2008, plaintiff filed an amended complaint. However, for the reasons set forth below, the amended complaint also fails to demonstrate that this Court has subject-matter jurisdiction, and, therefore, this action is dismissed.
In the amended complaint, plaintiff alleges that this Court has diversity jurisdiction because he is a citizen of New York and that Yahoo is incorporated in Delaware and is headquartered in California. Plaintiff seeks nearly identical relief in the amended complaint as he sought in the initial complaint, except that he now seeks $3 million in compensatory damages and $12 million in punitive damages. Plaintiff alleges that "[t]his is a lawsuit charging defamation; tortious interference with prospective business; and, religious and ethnic bias." Am. Compl., p. 2. Also, plaintiff includes numerous exhibits, most of which were already submitted to the Court. See Compl., Exhs. 1-8.
For the reasons set forth above, plaintiff's action is dismissed for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3). See 28 U.S.C. § 1915(e)(2)(B). Having provided plaintiff with an opportunity to replead, see Cruz v. Gomez, 202 F.3d 593, 596 (2d Cir. 2000), plaintiff's amended complaint fails to demonstrate that this Court has jurisdiction so the Clerk of Court is directed to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SANDRA L. TOWNES United States District Judge
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