Edgardo v. AMKC Facility Medical Center C-95 East Elmhurst

Filing 6

MEMORANDUM AND ORDER: Plaintiff was advised that if he failed to submit an amended complaint within the allowed time, the Court would enter a judgment dismissing the complaint. More than 30 days have elapsed and plaintiff has failed to respond to the Court's 4 Order. Accordingly, it is ORDERED, ADJUDGED AND DECREED that the complaint is hereby dismissed. The Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal fromthis Order and judgment would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge John Gleeson, on 9/22/2011. C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)

FILED
IN CLERK'S OFFICE
Il.S. CiSTRICT COURT E.O.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JHONNY EDGARDO,
Plaintiff,

SEP 2 2 2011

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MEMORANDUmom<Q'mt>EliFICE
11 CV 3238 (JG)

-againstAMKC FACILITY MEDICAL CENTER
C-95 EAST ELMHURST,
Defendant.

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JOHN GLEESON, United States District Judge:

On June 22,2011, plaintiff filed this 42 U.S.C. § 1983 pro se action against the
AMKC medical center at Rikers Island, and alleged denial of medical care. By order dated August
11,2011, plaintiffs request to proceed in Jorma pauperis pursuant to 28 U.S.C. § 1915 was
granted; plaintiffs claim against defendant was dismissed for failure to state a claim upon which
relief may be granted; and plaintiff was granted thirty (30) days leave to submit an amended
complaint. Plaintiff was advised that if he failed to submit an amended complaint within the
allowed time, the Court would enter a judgment dismissing the complaint. More than 30 days have
elapsed and plaintiff has failed to respond to the Court's order. Accordingly, it is

ORDERED, ADJUDGED AND DECREED that the complaint is hereby dismissed.
I

28 U.S.C. § 1915A. The Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal from
this order and judgment would not be taken in good faith and therefore in forma pauperis status is
denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.

/Signed by Judge Gleeson/

Dated: Brooklyn, New York

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