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14-6478 - Gonzales v. Legend Hospitality


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14-6478 - Gonzales v. Legend Hospitality
November 5, 2014
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis ("IFP") for purposes of this Order Only and Dismissing the Complaint with Leave to Amend by December 5, 2014 --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, IFP is granted for the limited purposes of this Order and, in light of plaintiff's pro se status, she is granted leave to amend the complaint in accordance with the Attached Memorandum and Order NO LATER THAN DECEMBER 5, 2014. The Amended Complaint must be captioned as an "Amended Complaint," and bear the same docket number as this Order. For the convenience of pro se plaintiff, "Instructions on How to Amend a Complaint" are attached. All further proceedings shall be stayed for 30 days. If plaintiff fails to file an Amended Complaint by December 5, 2014, or if it fails to comply with the requirements as set forth in the Written Memorandum and Order, this action will be dismissed with prejudice. The court certifies pursuant to 28 U.S.C. § 19l5(a)(3) that any appeal would not be taken in good faith. Therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Memorandum and Order and "Instructions on How to File an Amended Complaint to pro se plaintiff. SO ORDERED by Judge Dora Lizette Irizarry on 11/5/2014. (Attachments: # (1) Supplement) (Irizarry, Dora)
March 27, 2017
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ORDER granting 17 Motion to Dismiss for Failure to State a Claim -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendant's motion to dismiss the complaint is granted. Accordingly, this case is dismissed. Plaintiff is denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close this case and to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro sePlaintiff. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/27/2017. (Irizarry, Dora)