Baptiste v. Midwood Ambulance

Filing 5

ORDER AND CIVIL JUDGMENT DISMISSING CASE. For the reasons set forth in the attached Order and Civil Judgment, plaintiff's complaint is hereby dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to close this case. The Clerk of Court is also respectfully requested to mail a copy of the within Order, judgment, and appeals packet to the pro se plaintiff at his address of record and to note service of the same on the docket. Plaintiff shall have thirty (30) days from the date of judgment set forth in the appeals packet to file a notice of appeal of this Order. Ordered by Judge Kiyo A. Matsumoto on 4/10/2013. (Kelley, Jamuna) (Modified)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOHN BAPTISTE,
Plaintiff,

ORDER AND
CIVIL JUDGMENT
13 CV 894 (KAM) (CLP)

-vMIDWOOD AMBULANCE,
Defendant.
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MATSUMOTO, United States District Judge:

On February 15, 2013,

pro se plaintiff, John

Baptiste, filed the instant complaint alleging that he was
terminated from his employment with defendant in violation of
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et
seq. (“Title VII”).

By Order dated February 27, 2013, plaintiff

was granted thirty days to amend his employment discrimination
complaint to correct the deficiencies noted in the Order.

The

Order further stated that if plaintiff failed “to file an
amended complaint within 30 days, the instant action shall be
dismissed.”

Plaintiff was mailed a copy of the Court’s Order

dated February 27, 2013, but has not responded and the time for
doing so has passed.

Accordingly, it is hereby,

ORDERED, ADJUDGED AND DECREED that the complaint is
hereby dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B).

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 purpose of an

appeal.

Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

The Clerk of Court is respectfully requested to close this case.
The Clerk of Court is also respectfully requested to
mail a copy of the within Order, judgment, and appeals packet to
the pro se plaintiff at his address of record and to note
service of the same on the docket.

Plaintiff shall have thirty

(30) days from the date of judgment set forth in the appeals
packet to file a notice of appeal of this Order.
SO ORDERED.
Brooklyn, New York
Dated: April 10, 2013

___________/s/_______________
KIYO A. MATSUMOTO
United States District Judge
Eastern District of New York

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