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08-739 - Fagan v. State of New York et al

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08-739 - Fagan v. State of New York et al
June 9, 2008
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MEMORANDUM AND ORDER: Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. Plaintiff's claims against all named defendants are dismissed for failure to state a claim on which relief can be granted. 28 U.S.C. § 1915(e)(2)(b)(ii). However, plaintiff is granted 30 days from the date of this order to amend his complaint. No summons shall issue at this time and all further proceedings shall be stayed for 30 days. If plaintiff fails to amend his complaint within 30 days as directed by this order, the judgment shall enter. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. So Ordered. (Ordered by Judge Brian M. Cogan, on 6/9/2008) C/mailed by Chambers. (Latka-Mucha, Wieslawa)