Cabey v. Atria Senior Living

Filing 9

ORDER. For the reasons provided in the enclosed Order, the complaint is dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The clerk of court is respectfully requested to close this case and to mail a copy of this Order to plaintiff and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 7/16/2014. (Alagesan, Deepa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------x
CARLTON CABEY,

ORDER
13 CV 3612 (KAM)

Plaintiff,
-vATRIA SENIOR LIVING,
Defendant.
--------------------------------------------------------x
MATSUMOTO, United States District Judge.

On June 21, 2013, pro se plaintiff, Carlton Cabey, filed the instant complaint alleging
violations under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et
seq.; and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). By order
dated February 26, 2014, plaintiff was directed to file an amended and complete in forma
pauperis (IFP) application, or pay the $400.00 filing fee, and further directed to file an amended
complaint within thirty (30) days of the date of the order.
On March 24, 2014, plaintiff submitted a completed IFP application. In support of his
application to proceed in forma pauperis, plaintiff annexed two handwritten pages in which he
stated that he underwent two surgeries and returned to work before he was properly healed.
Accordingly, by order dated June 2, 2014, the Court granted plaintiff permission to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915, liberally construed plaintiff’s handwritten
statement in his favor and as brought in support of his ADA claim, and granted plaintiff a final
opportunity to amend his complaint to establish a prima facie case of discrimination under Title
VII and the ADA by July 9, 2014. Plaintiff was informed that failure to comply with the order
would result in dismissal of the action for failure to state a claim upon which relief may be

granted. 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff has failed to comply with the Court’s order and
file an amended complaint. Accordingly, it is
ORDERED, ADJUDGED AND DECREED: that the complaint is hereby dismissed for
failure to state a claim. 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 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.

_________/s/_________________
KIYO A. MATSUMOTO
United States District Judge
Dated: Brooklyn, New York
July 16, 2014

2