Cherry v. Spasato et al
| Ernest Cherry |
| Armour Health, Inc. and Michael Spasato |
| 2:2015cv01832 |
| April 7, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| Arlene R. Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
4
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in the attached Order, plaintiff's application to proceed in forma pauperis is granted, but the complaint is sua sponte dismissed for failure to allege a plausible claim for relief pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiff is afforded an opportunity to amend his complaint in accordance with this Order. Plaintiff's amended complaint must be labeled as an ame nded complaint, bear the same docket number as this Order, 15-CV-1832 (JMA)(ARL), and shall be filed within thirty (30) days from the date of this Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order wo uld not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to plaintiff. Ordered by Judge Joan M. Azrack on 5/5/2015. (Petilla, Charlotte)
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