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15-5063 - Rosenberg v. Lincoln Life Annuity Company of New York et al


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15-5063 - Rosenberg v. Lincoln Life Annuity Company of New York et al
January 25, 2016
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ORDER finding as moot 8 Motion to Dismiss; granting 2 Motion for Leave to Proceed in forma pauperis; ORDER re 10 Letter --- ORDER finding as moot 8 Motion to Dismiss; granting 2 Motion for Leave to Proceed in forma pauperis -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, pro se Plaintiff's motion to proceed in forma pauperis is granted solely for purposes of this Order and this action is dismissed in its entirety, without prejudice, for lack of subject matter jurisdiction. In light of this Court's dismissal of this case sua sponte, defendant's motion to dismiss the complaint is denied as moot. Also denied as moot is plaintiff's request for an extension of time to respond to the motion to dismiss. The Court certifies pursuant to 28 U.S.C. ยง 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close this case. SO ORDERED. Ordered by Judge Dora Lizette Irizarry on 1/25/2016. (Irizarry, Dora)