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17-2181 - Grassel v. New York State Department of Education et al


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17-2181 - Grassel v. New York State Department of Education et al
September 22, 2017
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ORDER: For the reasons stated in the attached memorandum and order, the Complaint is dismissed for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B). However, the Court grants Plaintiff leave to file an amended complaint within thirty (30) days of the date of this Order. The amended complaint must be captioned, "Amended Complaint," and shall bear the same docket number as this order. If Plaintiff fails to file an amended complaint within thirty days, the Complaint will be dismissed and judgment shall enter. No summonses shall issue at this time, and all further proceedings shall be stayed for thirty days. The court certifies pursuant to 28 U.S.C. § 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). Ordered by Judge Pamela K. Chen on 9/22/2017. (Chivers, Jeffrey)
April 9, 2018
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ORDER DISMISSING CASE: For the reasons set forth in the attached Memorandum and Order, Plaintiff's Amended Complaint, filed in forma pauperis, is dismissed as barred by res judicata and for failure to state a claim upon which relief may be granted, see 28 U.S.C. § 1915(e)(2)(B). The Clerk of Court is directed to enter judgment dismissing this action, which is hereby terminated. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 4/9/2018. (Cuevas Ingram, Joanna)