Jones v. Montalbano et al

Jones v. Montalbano et al

Case Number:	1:2009cv04548
Filed:	October 20, 2009
Court:	US District Court for the Eastern District of New York
Office:	Prisoner: Civil Rights Office
Presiding Judge:	Dora Lizette Irizarry
Presiding Judge:	Viktor V. Pohorelsky
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	42:1983 Civil Rights Act

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Date Filed	Document Text
March 13, 2012	Filing 17 ORDER GRANTING 11 Motion to Dismiss - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motion to dismiss is GRANTED, and the complaint is DISMISSED with prejudice. A certificate of appealability shall not issue, as Plaintiff has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 2 09 F. 3d 107, 112 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/13/2012. (Irizarry, Dora)

Date Filed

Document Text

March 13, 2012

Filing 17 ORDER GRANTING 11 Motion to Dismiss - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motion to dismiss is GRANTED, and the complaint is DISMISSED with prejudice. A certificate of appealability shall not issue, as Plaintiff has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 2 09 F. 3d 107, 112 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/13/2012. (Irizarry, Dora)

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