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15-4381 - Santiago v. Crown Heights Center for Nursing and Rehabilitation


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15-4381 - Santiago v. Crown Heights Center for Nursing and Rehabilitation
February 24, 2016
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ORDER denying 2 Motion for Leave to Proceed in forma pauperis; Dismissing Complaint in part with leave to amend -- For the reasons set forth in the WRITTEN MEMORANDUM AND ORDER, Plaintiff's motion to proceed in forma pauperis is denied and the Complaint is dismissed in part. The Complaint is dismissed as against Mafutu Sadiku, with prejudice. However, Plaintiff's age discrimination claim against his former employer, Crown Heights Center for Nursing and Rehabilitation, d/b/a Marcus Garvey Residential Rehab Pavilion, may proceed, but only upon Plaintiff's payment of the $400 filing fee. Until this filing fee is paid, no summons will issue. Moreover, if the filing fee is not paid on or before March 25, 2016, the entire action will be dismissed. Plaintiffs Title VII claim for race and national origin discrimination is dismissed, but Plaintiff is granted leave to file an amended complaint by NO LATER THAN MARCH 25, 2016, in accord with the Attached Written Memorandum and Order. If Plaintiff elects to file an amended complaint, it must be captioned "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. If Plaintiff fails to file an amended complaint on or before March 25, 2016, his Title VII claim automatically will be dismissed with prejudice, and this action shall proceed only with respect to his age discrimination claim. Plaintiff is reminded that, if he does not pay the $400 filing fee by March 25, 2016, this action will be dismissed. No summons shall issue until the filing fee is paid. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this order would not be taken in good faith, and, therefore in forma pauperis status is denied for the purpose of an 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 Written Memorandum and Order. SO ORDERED by Judge Dora Lizette Irizarry on 2/24/2016. (Attachments: # (1) Supplement) (Irizarry, Dora)