UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
September 26, 2011
ANNAMMA BROJER, PLAINTIFF,
GEORGE KURIAKOSE, ANNE KURIAKOSE, KOCHUMON, DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge:
By Order dated July 20, 2011, this Court sua sponte dismissed the pro se Complaint filed in forma pauperis by Michael Brojer purportedly on behalf of his wife, Annamma Brojer ("Plaintiff").*fn1 Though the original Complaint was signed only by Michael Brojer, it largely concerned only the Plaintiff and Michael Brojer claimed no injuries himself therein. Accordingly, the Court afforded the Brojers an opportunity to file an Amended Complaint in accordance with the Order or a notice of appearance by counsel within sixty (60) days of the July 20, 2011 Order. On September 2, 2011, Plaintiff filed a document entitled "Amended Complaint", signed only by Plaintiff and that abandoned any claims by Michael Brojer.*fn2 Consistent with the July 20, 2011 Order, given the absence of any claims by Michael Brojer in the Amended Complaint, his claims are dismissed and judgment shall enter.
The Court deems the Amended Complaint filed on September 2, 2011 to be
the operative pleading in this case and directs the Clerk of the Court
to so amend the caption consistent with this Order.*fn3
However, Plaintiff has not submitted an application to
proceed in forma pauperis. Accordingly, Plaintiff must either pay the
$350.00 filing fee or return the enclosed application to proceed in
forma pauperis within 45 days of the date of this Order for her case
to proceed. Plaintiff, who resides in India, is reminded that she must
be prepared to appear at court conferences, telephonically or in
person, and to conduct this matter for herself.
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 purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
Joanna Seybert, U.S.D.J.