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Kahari v. Harlem Book Center

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 8, 2009

ASANTE KAHARI, PRO SE, PLAINTIFF,
v.
HARLEM BOOK CENTER; SIDIBE IBRAHIMA, DEFENDANTS.

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

ORDER of DISMISSAL and CIVIL JUDGMENT

On September 24, 2008, plaintiff Asante Kahari, appearing pro se, filed this complaint alleging breach of contract and copyright infringement. By Order dated March 17, 2009, the court found that plaintiff's complaint lacked subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332, but stayed the dismissal of the complaint. The court granted plaintiff leave to replead his copyright infringement claim by filing an amended complaint on or before April 17, 2009. Plaintiff was warned that if he failed to file an amended complaint within the time allowed, judgment dismissing the action would be entered. To date, plaintiff has not filed an amended complaint as directed. Accordingly, it ishereby

ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). 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 an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962).

SO ORDERED.

DORA L. IRIZARRY United States District Judge

20090708

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