Gray v. Group Home

Filing 7

ORDER: SO ORDERED that since plaintiff has not filed an amended complaint in accordance with the October 10, 2013 order, nor sought an extension of time to do so, the complaint is sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915( e)(2)(B)(ii) for failure to state a claim for relief. 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 the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 11/18/2013. (Florio, Lisa)

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FILED IN CLERK'S OFFICE U S DISTRICT COURT E D NY * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK liOV 18 2013 * LONG ISLAND OFFICE ---------------------------------------------------------------)( PAMELAM.GRAY, Plaintiff, ORDER 13-CV -4831 (SJF)(WDW) -againstGROUP HOME, Defendant. ---------------------------------------------------------------)( FEUERSTEIN, District Judge: On August 23, 2013,pro se plaintiff Pamela M. Gray ("plaintiff') filed a civil rights complaint in this Court pursuant to 42 U.S.C. § 1983 ("Section 1983") against defendant Group Home ("defendant"), accompanied by an application to proceed in forma pauperis. By order dated October I 0, 2013, plaintiffs application to proceed in forma pauperis was granted, but the complaint was sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for relief unless plaintiff filed an amended complaint in accordance with that order on or before November 12, 2013. Since plaintiff has not filed an amended complaint in accordance with the October 10,2013 order, nor sought an extension of time to do so, the complaint is sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for relief. 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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 43!!.. 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). SO ORDERED. s/ Sandra J. Feuerstein Sandra J. Feuerstein United States District Judge Dated: November 18, 2013 Central Islip, New York

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