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16-5323 - Lopez v. Cuomo et al


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16-5323 - Lopez v. Cuomo et al
June 20, 2017
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MEMORANDUM AND ORDER: Lopez's application to proceed in forma pauperis is granted. For the reasons discussed, Lopez's claims against Governor Andrew Cuomo and Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision are dismissed. No summonses shall issue as to these defendants and the Clerk of Court is directed to amend the caption to reflect the dismissal of these defendants. Lopez is granted thirty (30) days leave to file an amended complaint as to the Parole Bureau Chief at the DOCCS. If Lopez fails to amend the complaint, it shall be dismissed without prejudice. 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 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 Lopez and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 6/20/2017. (Taronji, Robert)