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Order | Filed: April 29, 2024 Flowers et al v. The State of Texas et al
Civil Rights: Other | New York Southern
Order
CIVIL JUDGMENT: For the reasons stated in the April 26, 2024, order, this action is dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 4/26/2024) (Attachments: # 1 Pro Se Appeal Package) (tg)
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Order | Filed: April 26, 2024 Flowers et al v. The State of Texas et al
Civil Rights: Other | New York Southern
Order
ORDER OF DISMISSAL AS TO PLAINTIFF M.F. AND Z.S.: Plaintiff Trenesha Biggers initiated this action on behalf of herself and her minor children, M.F. and Z.S. By order dated October 10, 2023, the Court dismissed Biggers second amended complaint for failure to state a claim. (ECF 23). Plaintiff appealed the dismissal to the United States Court of Appeals for the Second Circuit, and on April 19, 2024, the Court of Appeals dismissed the appeal but remanded the case to this Court to dismiss any c laims brought on behalf of M.F. and Z.S. without prejudice. Accordingly, any claims brought on behalf of M.F. and Z.S. are dismissed without prejudice. 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 in forma pauperis 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 demonstrates good faith when he seeks review of a nonfrivol ous issue). The Clerk of Court is directed to issue a modified judgment to include the dismissal of any claims brought on behalf of M.F. and Z.S. as dismissed without prejudice. SO ORDERED. M.F. (A minor) and Z.S. (A minor) terminated. (Signed by Chief Judge Laura Taylor Swain on 4/26/2024) (tg)
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Appeal | Filed: April 19, 2024 | Entered: April 19, 2024 Flowers et al v. The State of Texas et al
Civil Rights: Other | New York Southern
USCA Order - Other
ORDER of USCA (Certified Copy) as to 25 Notice of Appeal, filed by Trenesha Biggers, Z.S., M.F. USCA Case Number 23-7784. Appellant, pro se, moves for leave to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989); see 28 U.S.C. § 1915(e). However, dismissal of any claims brought on behalf of Appellant's minor children should have been without prejudice. Berrios v. N.Y.C. Hous. Auth., 564 F.3d 130, 134-35 (2d Cir. 2009). Accordingly, we REMAND for the district court to modify its judgment to reflect that any claims brought on behalf of the children are dismissed without prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/19/2024. (tp)
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