McFadden v. NYS Division of Parole

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights

New York Law Journal

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Judge Roslyn Mauskopf

Rikers inmate McFadden's pro se 42 USC §1983 action alleged double jeopardy arising from defendants' record-keeping error assigning him a New York State Department of Corrections Identification Number (DIN) from a previously served 2006 sentence. The court granted McFadden in forma pauperis status under 28 USC §1915 for purposes of its present order only. It dismissed his complaint. Under Gomez v. USAA Fed. Sav. Bank, a pro se complaint should not be dismissed without granting a pro se plaintiff leave to amend "at least once when a liberal reading of the complaint gives any indication that a valid claim may be stated." Noting that McFadden did not allege he served the 2006 sentence twice, the court found he misapprehended the Fifth Amendment's double jeopardy clause. In an abundance of caution—and because it was unclear what 42 USC §1983 claim he sought to allege—the court gave McFadden 30 days to submit an amended complaint. His amended complaint must provide facts sufficient to allow each defendant named therein to understand what he is complaining about and to know if there is a legal basis for recovery.

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