Morrow v. Cuomo et al

Filing 46

DECISION AND ORDER that the Court accepts and adopts, in part, the Report and Recommendation, and granting Defendants' 26 and 29 Motion to Dismiss, without prejudice; that Plaintiff is granted leave to file a second amended complaint, consi stent with the R&R and this decision and order, by January 27, 2022; that if Plaintiff does not file a second amended complaint as directed, the Clerk of Court shall close this case as dismissed with prejudice without further order; that if the amend ed complaint is dismissed because plaintiff does not file a second amended complaint by January 27, 2022, this Court hereby certifies, pursuant to 28 U.S.C. §1915(a)(3), that any appeal from this order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied; further requests to proceed on appeal in forma pauperis should be directed, on motion, to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federa l Rules of Appellate Procedure; that the Clerk of Court shall send to plaintiff a copy of the amended complaint (Dkt. 17), a blank §1983 complaint form, and the instructions for preparing an amended complaint, with this decision and order. Signed by Hon. John L. Sinatra, Jr. on 12/28/2021. (JLV) Copy mailed to pro se plaintiff, along with a blank §1983 complaint form, the instructions for preparing an amended complaint and a copy of Doc. No. 17 .