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Civil Rights: Other | New York Southern
Order
ORDER TO AMEND granting 5 Motion for TRO. The Court directs the Clerk of Court to electronically serve a copy of this order to Plaintiff at the email address listed in her consent to electronic service of court documents. (ECF 3.)The Court grants Plaintiff's "motion for a protective order" (ECF 5) inasmuch as the Court: (1) orders sealed Plaintiff's already-filed court submissions her complaint, IFP application, consent to electronic service of court documents, and " motion for a protective order" (ECF 1, 2, 3, 5); and (2) allows Plaintiff to proceed in this action prospectively under the pseudonym "Jane Doe." Because of the defects in Plaintiff's original complaint, however, the Court denies the remainder of Plaintiff's "motion for a protective order" (ECF 5) without prejudice to Plaintiff's making such remaining requests again upon her filing of an amended complaint, as specified in this order. The Court therefore di rects the Clerk of Court to terminate ECF 5.The Court grants Plaintiff leave to replead her claims, as specified above, under the pseudonym "Jane Doe," in an amended complaint to be filed within 30 days of the date of this order. An amended complaint form is attached to this order. If Plaintiff fails to file an amended complaint within the time allowed, the Court will dismiss this action. The Court will dismiss Plaintiff's claims under federal law for failure to state a claim on w hich relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court will also decline to consider, under its supplemental jurisdiction, Plaintiff's claims under state law. See 28 U.S.C. § 1367(c)(3).The Court certifies, under 28 U .S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonst rates good faith when he seeks review of a nonfrivolous issue).Motions terminated: 5 MOTION for Temporary Restraining Order. filed by Jane Doe. (Signed by Judge Laura Taylor Swain on 8/23/2026) (Attachments: # 1 Exhibit) (rro) Transmission to Office of the Clerk of Court for processing.
Notice of Case Assignment/Reassignment - Sua Sponte
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(kgo)
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