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15-4027 - Davis v. Fed Ex Ground Package System


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15-4027 - Davis v. Fed Ex Ground Package System
March 31, 2017
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MEMORANDUM AND ORDER granting 29 Motion to Dismiss. For the reason stated in the attached Memorandum and Order, defendants motion to dismiss the Complaint is GRANTED. The Complaint is dismissed with prejudice because the court finds that leave to amend would be futile. Ruotolo v. City of N. Y., 514 F.3d 184, 191 (2d Cir. 2008). The court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L.Ed.2d 21 (1962). The Clerk of Court is respectfully directed to enter judgment in favor of defendant and close this case. The Clerk of Court is also respectfully directed to serve a copy of the judgment, an appeals packet, and this Memorandum and Order on plaintiff, and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 3/31/2017. (Fletcher, Camille)