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)

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D NY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

liOV 18 2013

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LONG ISLAND OFFICE

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PAMELAM.GRAY,
Plaintiff,

ORDER
13-CV -4831 (SJF)(WDW)

-againstGROUP HOME,
Defendant.

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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