Shabazz v. Brian Moynihan Bank of Am.

SUSAN D. WIGENTON, U.S.D.J.

NOT FOR PUBLICATION

WHEREAS OPINION

SUSAN D. WIGENTON, U.S.D.J.

THIS MATTER having come before this Court upon pro se Plaintiff Danny Amen Valentine Shabazz's (“Plaintiff”) filing of a First Amended Complaint (D.E. 40 (“FAC”)) and an application to proceed in forma pauperis, (D.E. 41 (“Second IFP Application”)), and this Court having sua sponte reviewed the FAC for sufficiency pursuant to 28 U.S.C. § 1915(e)(2)(B) and Fed.R.Civ.P. 8(a); and

WHEREAS on September 26, 2023, this Court dismissed sua sponte Plaintiff's Second IFP Application and FAC for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). (D.E. 43); and

WHEREAS this Court afforded Plaintiff thirty (30) days to file an amended complaint and IFP. (Id.); and

WHEREAS Plaintiff failed to timely file an amended complaint and IFP within the time allowed; therefore,

Plaintiff's Second IFP Application is DENIED WITH PREJUDICE and Plaintiff's FAC is DISMISSED WITH PREJUDICE. This action is closed. An appropriate order follows.