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16-1286 - Cortes v. Department of Corrections

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16-1286 - Cortes v. Department of Corrections
April 13, 2016
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MEMORANDUM AND ORDER: Cortes's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Document No.2) is hereby granted. Cortes's complaint against the New York City Department of Correction is dismissed for failure to state a claim upon which relief may be granted. See 28 U.S.C.§ 1915A(b). If Cortes fails to amend his complaint within thirty (30) days from the date of this Order, the Court shall enter judgment. No summons shall issue at this time and all further proceedings shall be stayed for thirty (30) days from the date of this Order. The Court certifies pursuant to 28 U.S.C. § 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 purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Memorandum and Order to the plaintiff pro se and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 4/13/2016. (Taronji, Robert)