Molina v. Westchester County Dept. of Correction et al
| Arthur R. Molina |
| The County of Westchester, Saraireh and Santora |
| 1:2016cv03421 |
| May 9, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
44
OPINION AND ORDER re: 37 MOTION to Dismiss Amended Complaint. filed by Santora, Saraireh. Defendants' motion to dismiss the amended complaint is GRANTED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any a ppeal 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, 444-45 (1962). The Clerk is instructed to terminate the motion (Doc. #37) and close this case. So Ordered. (Signed by Judge Vincent L. Briccetti on 10/30/17) (yv)
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Filing
33
OPINION AND ORDER: Defendants' motion to dismiss GRANTED. Plaintiff is granted leave to amend only as to his Section 1983 failure to protect claim against the individual defendants Saraireh and Santora. Plaintiff shall file his amended compl aint by no later than June 1, 2017. Plaintiff is directed to utilize the Amended Complaint form attached hereto. If plaintiff fails to comply with this order, his complaint may be dismissed for failure to prosecute or failure to comply with a cou rt order. Fed. R. Civ. P. 4 1(b). The Court certifies pursuant to 28 U.S.C. § l915(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 Co ppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk is instructed to terminate the County of Westchester as a defendant. The Clerk is further instructed to terminate the motion. (Doc. #17). (Signed by Judge Vincent L. Briccetti on 4/28/2017) (Copies Mailed to Plaintiff on 4/28/2017 By Chambers of Vincent L. Briccetti) (lnl)
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