McIntyre v. The State of New York et al

Filing 5

MEMORANDUM AND ORDER: Plaintiff's request to proceed in forma pauperis is granted pursuant to 28 U. S .C. § 1915 solely for the purpose of this Order. Plaintiff's employment discrimination complaint, filed in forma pauperis, regarding his employment with the MTA from 1996 through 2002 is dismissed on the basis of res judicata. However, plaintiff is afforded 30 days to submit an amended complaint as to a claim of retaliation, setting forth both his claim and hi s exhaustion of administrative remedies, including his EEOC Charge of discrimination. No summons shall issue at this time and all further proceedings are stayed for 30 days for plaintiff to comply with this Order. If plaintiff fails to comply with th is Order within the time allowed, judgment shall enter dismissing the complaint. The Court certifies pursuant to pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 9/22/2009) C/mailed by Chambers. (Latka-Mucha, Wieslawa)