Polanco v. Rikers Island Anna K. Kross Correction

Filing 6

MEMORANDUM AND ORDER DISMISSING ACTION: For the reasons stated in the attached Memorandum and Order, the complaint is dismissed. The Clerk of Court is directed to mail a copy of this Memorandum and Order and the accompanying Judgme nt to pro se plaintiff and to close the case.The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Ordered by Judge Roslynn R. Mauskopf on 12/22/2014. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CARLOS POLANCO,
Plaintiff,
- against -

MEMORANDUM AND ORDER
14-CV-2063 (RRM)(RLM)

RIKERS ISLAND, ANNA M. KROSS
CORRECTION,
Defendant.
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ROSLYNN R. MAUSKOPF, United States District Judge.
Pro se plaintiff Carlos Polanco (“Polanco”) filed the above-captioned complaint on May
28, 2014. (Doc. No. 1.) By Memorandum and Order dated July 3, 2014, the Court granted
Polanco’s request to proceed in forma pauperis, dismissed the complaint for failure to state a
claim pursuant to 28 U.S.C. § 1915(e)(2)(B), and provided Polanco thirty (30) days within which
to file an amended complaint. (Doc. No. 4.) The Court expressly warned Polanco that, if he
failed to re-plead in a timely fashion, the Court would enter a judgment dismissing the action.
On August 7, 2014, the Court granted Polanco’s request for an additional thirty (30) days
within which to file the amended complaint. Well more than thirty days have now elapsed, but
Polanco has not filed an amended complaint.
Accordingly, it is hereby ORDERED that this civil action is dismissed. The Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and
therefore in forma pauperis status is denied for the purpose of an appeal.

The Clerk of Court is directed to mail a copy of this Memorandum and Order and the
accompanying Judgment to pro se plaintiff and to close the case.

SO ORDERED.

Roslynn R. Mauskopf
Dated: Brooklyn, New York
December 22, 2014

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ROSLYNN R. MAUSKOPF
United States District Judge

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