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17-5089 - Opperisano v. Reilly et al


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17-5089 - Opperisano v. Reilly et al
May 1, 2018
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MEMORANDUM & ORDER: Plaintiff's 2 application to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915 solely for the purposes of this Memorandum and Order. The Court dismisses the Complaint for failure to state a claim. The Court grants Plaintiff leave to file an amended complaint within 30 days of the date of this Memorandum and Order. 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. SO ORDERED by Judge Margo K. Brodie, on 5/1/2018. C/mailed. (Latka-Mucha, Wieslawa)
June 7, 2018
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MEMORANDUM & ORDER [DISMISSING CASE]: More than thirty days have passed and Plaintiff has failed to file an amended complaint. Accordingly, for the reasons stated in the 5/1/2018 Memorandum and Order, the Court dismisses the case without prejudice for failure to state a claim. 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. The Clerk-Mucha, Wieslawa) of Court is directed to close this case. SO ORDERED by Judge Margo K. Brodie, on 6/7/2018. (Copy of this Order and the attached copy of the one unpublished case cited herein sent to pro se Petitioner.) Forwarded for Judgment. (Latka