Brown v. Cunningham et al
| Reggie Brown |
| Robert F. Cunningham and Anthony Annucci |
| 1:2015cv05093 |
| June 30, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Franklin |
| Vincent L. Briccetti |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
37
OPINION AND ORDER re: 27 MOTION to Dismiss Amended Complaint, filed by Ann Marie McGrath, Joseph Bellnier, Jeffrey McKoy, Jim Gambino, Robert F. Cunningham, Anthony Annucci. The motion is GRANTED in part and DENIED in part. Defenda nts' motion to dismiss is (i) DENIED as to plaintiff's claim against defendant Cunningham in his individual capacity for nominal or punitive damages related to his allegations of retaliatory transfer from Woodbourne to Franklin, and (ii) GRANTED in all other respects. As noted above (see supra n.2), plaintiff has been released from prison but has not provided the Court with a new address, despite the Court's repeated instruction that it is his obligation to do so and that his case could be dismissed for failing to do so. Accordingly, it is, hereby ORDERED: Plaintiff must submit a change of address form or other letter updating his address by no later than March 31, 2017. Failure to do so will result in dismissal of this case. The Court will schedule an initial conference if and when plaintiff provides a new address. The Clerk is instructed to mail a copy of this Opinion and Order to plaintiff at the address as it appears on the docket. The Court certifies pur suant 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk is instructed to terminate the motion. (Doc. #27). SO ORDERED. (Jim Gambino, John Doe/ Jane Doe, Ann Marie McGrath, Jeffrey McKoy, Anthony Annucci and Joseph Bellnier terminated.) (Signed by Judge Vincent L. Briccetti on 2/14/17) (yv)
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