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16-4244 - Grace v. The City of New York et al


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16-4244 - Grace v. The City of New York et al
March 16, 2018
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8. (Mauskopf, Roslynn)MEMORANDUM AND ORDER granting 39 Motion to Dismiss for Failure to State a Claim; granting 40 Motion to Dismiss: For the reasons stated in the attached Memorandum and Order the defendants' motion to dismiss (Doc. No. 39, 40) is granted. Grace is given 30 days from the date of this Memorandum and Order to file an Amended Complaint consistent with this Order. No summons shall issue at this time, and all further proceedings shall be stayed for 30 days. If Grace fails to re-plead in a timely fashion, the Court will enter judgment dismissing the complaint. 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 in forma pauperis status is therefore denied for the purpose of any appeal. The Clerk of Court is directed to mail a copy of this Memorandum and Order to the pro se plaintiff, and to note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 3/16/201