Carrasco v. Griffin et al

Filing 48

OPINION AND ORDER re: 42 MOTION. filed by Jose Carrasco, 37 MOTION to Dismiss . filed by M. Ernst, W. Plimley, T. Griffin, H. Trinidad, A. Annucci, Thomas Griffin, Kasper, Norton, Bizub. The motion to dismiss is GRA NTED. However, plaintiff is granted leave to file a second amended complaint as to his Eighth Amendment failure to protect claim only, in accordance with the instructions below. Plaintiff shall file his second amended complaint by no later than Octob er 16, 2019, using the second amended complaint form attached to this Opinion and Order. If plaintiff fails to file a second amended complaint or seek additional time to do so by October 16, 2019, the Court will deem plaintiff to have abandoned this case and will direct the Clerk to enter judgment in defendants' favor and close the case. The Clerk is instructed to terminate the motions. (Docs. ##37, 42). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this o rder would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/16/2019) Copies Mailed By Chambers. (kv)