Aikens v. Herbst et al
||Herbst, Zolads, J. Becker and Thompson
||September 26, 2016
||US District Court for the Western District of New York
||William M. Skretny
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|July 5, 2017
ORDER DISMISSING the 11 Third Amended Complaint with prejudice, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1); DIRECTING that any appeal from this Order would not be taken in good faith, and DENYING leave to appeal to the Court of Appeals as a poor person; DIRECTING the Clerk of Court to close this case.Signed by William M. Skretny, United States District Judge on 6/30/2017. (MEAL) Copy mailed to Plaintiff. -CLERK TO FOLLOW UP-
|April 3, 2017
ORDER GRANTING Plaintiff's 2 Motion to proceed in forma pauperis; DENYING Plaintiff's 8 Motion for a Temporary Restraining Order; GRANTING Plaintiff leave to file an amended complaint only as directed by May 15, 2017; DISMISSING the Second Amended Complaint with prejudice if Plaintiff does not file an amended complaint as directed; DIRECTING the Clerk of the Court to close this case as dismissed with prejudice without further order in the event the Second Amended Complaint i s dismissed because Plaintiff has failed to amend; WARNING Plaintiff that in the event the Second Amended Complaint is dismissed because Plaintiff has failed to amend, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from t his Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Signed by William M. Skretny, United States District Judge on 4/3/2017. (MEAL) Copy mailed to Plaintiff. - CLERK TO FOLLOW UP -
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