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Civil Rights: Other | New York Southern
Transmission of USCA Mandate/Order to District Judge
Transmission of USCA Mandate/Order to the District Judge re: 29 USCA Mandate.(km)
USCA Mandate
MANDATE 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 Appellants 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.D. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/11/2024.(km)
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