White v. Westchester County et al

Filing 51

OPINION AND ORDER re: 39 MOTION to Dismiss the Complaint filed by Karl Vollmer, Kevin D. Cheverko, Matthew Kitt, Francis Delgrosso, Westchester County, Robert P. Astorino, Beckford, 32 MOTION to Dismiss All allegations filed by Aramark Correctional Services, Darnell Flax, Hutson, Manual Medoza, Penny Stewart. Defendants' motions to dismiss plaintiff's claims are GRANTED. Plaintiff is granted leave to file an amended complaint, subject to the li mitations set fourth above. Plaintiff shall use the Amended Complaint form attached hereto. Plaintiff shall file his amended complaint by no later than January 10, 2019. If plaintiff fails to comply with this Order, the Court will deem plaintiff to h ave abandoned his case, and the case will be dismissed for failure to prosecute and failure to comply with a court order. Fed. R. Civ. P. 41(b). The Clerk is instructed to terminate the pending motions (Docs. ##32, 39). 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Amended Pleadings due by 1/10/2019.) (Signed by Judge Vincent L. Briccetti on 12/10/2018) Copies Mailed By Chambers. (mml)