Ripa v. Stony Brook University

Ripa v. Stony Brook University

Plaintiff:	Anthony John Ripa
Defendant:	Stony Brook University
Case Number:	2:2017cv04941
Filed:	August 22, 2017
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joan M. Azrack
Presiding Judge:	Steven I. Locke
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights (Employment Discrimination)
Jury Demanded By:	None

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Date Filed	Document Text
August 9, 2018	Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court grants defendant's motion to dismiss and dismisses the complaint without prejudice, and with leave to amend, except for plaintiff's Section 1983 cause of action, which the Co urt dismisses with prejudice. Plaintiff is afforded an opportunity to amend his complaint in accordance with this Order. Plaintiff's amended complaint must be labeled as an "amended complaint," bear the same docket number as this Order , 17-CV-4941 (JMA)(SIL), and must be filed by September 10, 2018. Plaintiff is advised that an amended complaint completely replaces the original complaint, so plaintiff must include all allegations he wishes to pursue against defendant in the amende d complaint. Further, if plaintiff does not file an amended complaint within the time allowed, all of plaintiff's claims will be dismissed with prejudice, judgment shall enter, and this case shall be closed. The Court certifies pursuant to 28 U. S.C. § 1915(a)(3) that any appeal from this Order would 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 the pro se plaintiff. So Ordered by Judge Joan M. Azrack on 8/9/2018. (c/m to pro se) (Ortiz, Grisel) (Main Document 15 replaced on 8/10/2018) (Ortiz, Grisel). Modified on 8/10/2018 (Ortiz, Grisel).

Date Filed

Document Text

August 9, 2018

Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court grants defendant's motion to dismiss and dismisses the complaint without prejudice, and with leave to amend, except for plaintiff's Section 1983 cause of action, which the Co urt dismisses with prejudice. Plaintiff is afforded an opportunity to amend his complaint in accordance with this Order. Plaintiff's amended complaint must be labeled as an "amended complaint," bear the same docket number as this Order , 17-CV-4941 (JMA)(SIL), and must be filed by September 10, 2018. Plaintiff is advised that an amended complaint completely replaces the original complaint, so plaintiff must include all allegations he wishes to pursue against defendant in the amende d complaint. Further, if plaintiff does not file an amended complaint within the time allowed, all of plaintiff's claims will be dismissed with prejudice, judgment shall enter, and this case shall be closed. The Court certifies pursuant to 28 U. S.C. § 1915(a)(3) that any appeal from this Order would 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 the pro se plaintiff. So Ordered by Judge Joan M. Azrack on 8/9/2018. (c/m to pro se) (Ortiz, Grisel) (Main Document 15 replaced on 8/10/2018) (Ortiz, Grisel). Modified on 8/10/2018 (Ortiz, Grisel).

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Plaintiff: Anthony John Ripa
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