Levinson v. Federal Bureau of Prisons Metropolitan Corrections Center-NY Warden
||October 13, 2020
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
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|October 13, 2020
ORDER TO AMEND: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court grants Plaintiff leave to file an amended complaint that complies with the standards set forth above. Plaintiff m ust submit the amended complaint to this Court's Pro SeIntake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-7375 (VEC). An Amended Civil R ights 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 Court will dismiss Plaintiff's claims under Biven s for failure to state a claim on which relief may be granted, see 28 U.S.C. § 1915A(b)(1), and his claims under the FTCA for lack of subject matter jurisdiction, see Fed. Civ. P. 12(h)(3). The Court certifies under 28 U.S.C. § 1915(a)(3) t hat 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/13/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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