Birkett v. N.Y.C.D.O.C. Comm. John/Jane Doe et al
| Clete Birkett |
| N.Y.C.D.O.C. Comm. John/Jane Doe, John/Jane Doe, Warden Manhattan Detention Center John/Jane Doe, Anthony J. Annucci and John/Jane Doe Nurse M.D.C. |
| 1:2018cv01163 |
| February 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cayuga |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
6
ORDER TO AMEND: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with t he standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 18-CV-1163 (CM). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the action will be dismissed for failure to state a claim upon which relief may be granted. The Clerk of Court is further directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002 . 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 purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 6/10/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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