Chin v. Burnstein et al
| Wayne Chin |
| Frederick Burnstein, Harip Chakravorty, Benhein, Betsy Kelly, Jerrery Hale, John Doe #1, John Doe #2 and John Doe #3 |
| 1:2015cv07860 |
| October 5, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
49
OPINION AND ORDER re: 27 MOTION to Dismiss . filed by Frederick Burnstein, Jerrery Hale, Benhein, Harip Chakravorty, Betsy Kelly. The motion to dismiss based on Rule 12(b)(6) is GRANTED as to defendants Chakravorty and Burnstein . As to the remaining defendants, the motion to dismiss is converted to a motion for summary judgment, Fed. R. Civ. P. 12(d), 56, and that motion is also GRANTED. The Clerk is instructed to terminate the motion (Doc. #27) and close this case. The C ourt certifies pursuant 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). (Signed by Judge Vincent L. Briccetti on 3/28/2017) (rj) Copies Mailed By Chambers.
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