Hayes v. DuBois et al

Filing 30

OPINION AND ORDER re: 17 MOTION to Dismiss filed by Penny, Carl DuBois, L. Moreno, Cardwell, Kenneth Decker, Zepplin, K. Kiszka. For the reasons stated above, defendants' motion to dismiss is GRANTED. Plaintiff is gran ted leave to file an amended complaint with the limitations described herein. Plaintiff shall use the Amended Complaint form attached hereto. Plaintiff shall file his amended complaint no later than July 23, 2018. If plaintiff fails to comply with th is Order, the case may be dismissed for failure to prosecute or failure to comply with a court order. Fed. R. Civ. P. 41(b). Plaintiff submitted a change of address dated April 18, 2018, stating that he was currently housed at Downstate Correctional Facility. However, according to the New York State Department of Corrections and Community Supervision website, plaintiff is currently housed at Fishkill Correctional Facility. Accordingly, Chambers will mail a copy of the Opinion and Order to plaint iff at both facilities, as set forth below: Ralphie Hayes, DIN 18A1509, Downstate Correctional Facility, P.O. Box F, 121 Red Schoolhouse Road, Fishkill, NY 12524, Ralphie Hayes, DIN 18A1509, Fishkill Correctional Facility, P.O. Box 1245, 271 Matteawa n Road, Beacon, NY 12508. The Court reminds plaintiff of his obligation to notify the Court in writing if his address changes. The Court may dismiss the case if plaintiff fails to do so. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) tha t any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedege v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to terminate the motion. (Doc. # 17). (Amended Pleadings due by 7/23/2018.) (Signed by Judge Vincent L. Briccetti on 6/22/2018) Copies Mailed By Chambers. (mml)