Carmel v. Veteran Administrative Medical Center

Justia Dockets & Filings Second Circuit New York Western District Carmel v. Veteran Administrative Medical Center

Carmel v. Veteran Administrative Medical Center

Plaintiff:	Wanda J. Carmel
Defendant:	Veteran Administrative Medical Center
Case Number:	6:2015cv06704
Filed:	November 18, 2015
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Ontario
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 27, 2016	Filing 8 -CLERK TO FOLLOW UP-ORDER granting 5 Motion to Dismiss for Failure to State a Claim. Defendants motion [#5] to dismiss is granted, and this action is dismissed without prejudice. See, Standard Inv. Chartered, Inc. v. Nat'l Ass'n of Sec. Dealers, Inc., 560 F.3d 118, 124 (2d Cir. 2009) ([A] dismissal for failure to exhaust available administrative remedies should be without prejudice.). The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Ord er would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the U nited States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the Court is directed to terminate this action. Signed by Hon. Charles J. Siragusa on 6/27/16. Copy of this order and the NEF mailed to pro se plaintiff at 509 Hamlin Park Drive Park, Shortsville, NY 14548 (KAP)

Date Filed

Document Text

June 27, 2016

Filing 8 -CLERK TO FOLLOW UP-ORDER granting 5 Motion to Dismiss for Failure to State a Claim. Defendants motion [#5] to dismiss is granted, and this action is dismissed without prejudice. See, Standard Inv. Chartered, Inc. v. Nat'l Ass'n of Sec. Dealers, Inc., 560 F.3d 118, 124 (2d Cir. 2009) ([A] dismissal for failure to exhaust available administrative remedies should be without prejudice.). The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Ord er would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the U nited States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the Court is directed to terminate this action. Signed by Hon. Charles J. Siragusa on 6/27/16. Copy of this order and the NEF mailed to pro se plaintiff at 509 Hamlin Park Drive Park, Shortsville, NY 14548 (KAP)

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Plaintiff: Wanda J. Carmel
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Defendant: Veteran Administrative Medical Center
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