Lainez v. New York State Department of Corrections et al
| Roger Lainez |
| New York State Department of Corrections, Andrew M. Cuomo, State of New York, #1 John Doe, #1 Jane Doe and #2 Jane Doe |
| 1:2018cv06754 |
| July 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
29
CLERK'S JUDGMENT re: 28 Order of Dismissal in favor of Amy Roycroft, Ashley Harris-Baker, Jeanette Barret-Wilson, Julio Martinez, Stephanie O'Sullivan against Roger Lainez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the re asons stated in the Court's Order dated November 25, 2019, to date, plaintiff has failed to file a second amended complaint or seek an extension of time to do so. As the Court has already dismissed all of plaintiffs' claims, judgment is entered in defendants' favor. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the 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); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/27/2019) (Attachments: # 1 Right to Appeal)(km) Transmission to Docket Assistant Clerk for processing.
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Filing
28
ORDER OF DISMISSAL: To date, plaintiff has failed to file a second amended complaint or seek an extension of time to do so. As the Court has already dismissed all of plaintiffs' claims, the Court will direct the Clerk to enter judgment in defend ants' favor. The Court 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 purposes of an appeal. Cf. Coppedge v. United Sta tes, 369 U.S. 438, 444-45 (1962). The Clerk is directed to enter judgment in defendants' favor and close this case. The Clerk shall also mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 11/25/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. Modified on 11/25/2019 (jwh).
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Filing
27
OPINION AND ORDER re: 21 MOTION to Dismiss Amended Complaint filed by Julio Martinez, Amy Roycroft, Jeanette Barret-Wilson, Ashley Harris-Baker, Stephanie O'Sullivan. The motion to dismiss is GRANTED. However, plaintiff is gr anted leave to file a second amended complaint as to his Eighth Amendment deliberate indifference claim, in accordance with the instructions above. Plaintiff shall file his second amended complaint by no later than November 7, 2019, using the secon d amended complaint form attached to this Opinion and Order. If plaintiff fails to file a second amended complaint or seek additional time to do so by November 7, 2019, the Court may deem plaintiff to have abandoned this case and may direct the Cler k to enter judgment in defendants' favor and close the case. The Clerk is instructed to terminate the motion. (Doc. #21). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good fait h, 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). Chambers will mail a copy of this Opinion and Order, and its attachments, to plaintiff at the address he provided on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/7/2019) Copies Mailed By Chambers. (mml)
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