Carter v. Bellevue Men's Shelter
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|Date Filed||#||Document Text|
|September 30, 2014
OPINION AND ORDER re: 28 MOTION to Dismiss (and requesting a stay of discovery) filed by M. Etiene, Miss Ballard, Ms. Reid, City of New York. As set forth within, Defendants' motion to dismiss the Amended Complaint is grant ed in its entirety. Leave to amend is denied with one exception: for the first time in the Amended Complaint, Carter alleges that his "basic liberties" and Fourth Amendment rights were violated between December 15, 2011 and December 27, 201 1. (Am. Compl. 2.) As discussed, Carter provides no factual support for this allegation. Out of an abundance of caution because Carter is proceeding pro se, the Court will grant him limited leave to amend to add factual detail to this allegation if h e can do so in good faith. If Carter chooses to amend, he must do so within thirty days of the date of this Order. If he fails to submit a Second Amended Complaint within the time permitted and cannot show good cause to excuse such failure, all of hi s federal claims will be dismissed with prejudice. If he submits a Second Amended Complaint that includes any claims that go beyond scope of the permitted amendment, such claims will be dismissed. The Clerk of Court is directed to close the case, sub ject to reopening if Plaintiff files a Second Amended Complaint within thirty days. The Clerk of Court is also requested to terminate the motion pending at docket number twenty-eight (28). 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 pauper is status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438 (1962). SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 9/30/2014) (ajs)
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