Buckner v. Ponte et al
| Charles Buckner |
| Joseph Ponte, Yolanda Canty, John Doe (Chief) D.O.C., Jane Doe (Chief) D.O.C. and Carolyna Saunders |
| 1:2017cv01952 |
| March 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| James C. Francis |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
17
ORDER ADOPTING REPORT & RECOMMENDATION for 15 Report and Recommendations. Defendants' motion to dismiss is GRANTED. As noted above, Plaintiff did not file an opposition to the motion to dismiss or objections to the R&R. Nonetheless, becaus e Plaintiff is proceeding pro se, the Court will permit Plaintiff, if he chooses, to file an amended complaint on or before February 9, 2018. Plaintiff is reminded, however, that pro se litigants, like all litigants, are required to submit only ple adings that are supported by fact and law. Breach of this duty may result in sanctions, including an award of attorneys' fees to Defendants. Fed. R. Civ. P. 11(b), (c). Failure to file an amended complaint will result in dismissal of this act ion with prejudice. The Court certifies under 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 purposes of an appeal. Cf. Coppedge v. United States , 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a non-frivolous issue). The Clerk of Court is respectfully requested to close the open motion at docket entry 11. The Clerk of Court is further requested to mail a copy of this Order and the R&R to Plaintiff and note mailing on the docket. Amended Pleadings due by 2/9/2018. (Signed by Judge Valerie E. Caproni on 1/17/2018) (kgo)
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