Lainez v. New York State Department of Corrections et al

Filing 27

OPINION AND ORDER re: 21 MOTION to Dismiss Amended Complaint filed by Julio Martinez, Amy Roycroft, Jeanette Barret-Wilson, Ashley Harris-Baker, Stephanie O'Sullivan. The motion to dismiss is GRANTED. However, plaintiff is gr anted leave to file a second amended complaint as to his Eighth Amendment deliberate indifference claim, in accordance with the instructions above. Plaintiff shall file his second amended complaint by no later than November 7, 2019, using the secon d 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 November 7, 2019, the Court may deem plaintiff to have abandoned this case and may direct the Cler k to enter judgment in defendants' favor and close the case. The Clerk is instructed to terminate the motion. (Doc. #21). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good fait h, 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). Chambers will mail a copy of this Opinion and Order, and its attachments, to plaintiff at the address he provided on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/7/2019) Copies Mailed By Chambers. (mml)