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17-6467 - Santos v. NYCBOE et al


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17-6467 - Santos v. NYCBOE et al
December 12, 2017
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MEMORANDUM AND ORDER, Pltff's motion to proceed in forma pauperis is granted for the purpose of this Order, but, for the reasons that follow, the complaint is dismissed with leave to replead. For the foregoing reasons, Santos has failed to state a claim of employment discrimination upon which relief may be granted, obligating the Court to dismiss any and all such claims pursuant to 28 USC sec. 1915(e)(2)(B)(ii). However, this dismissal is without prejudice and with leave to amend her claim, should Santos be able, in good faith, to assert facts supporting each amended claim. Pltff must also indicate that she has exhausted the administrative remedies previously described and submit a right-to-sue letter from EEOC or similar agency by attaching it to her amended complaint. As authorized by this grant of leave, Santos may file an amended complaint within 30 days from the date this Order is entered on the docket. Should she decide to file an amended complaint, the amended complaint shall be captioned "Amended Complaint," and bear the same docket number as this Order. Pltff is advised that the amended complaint will completely replace the original complaint. If Santos fails to timely file an amended complaint within 30 days of the entry of this Order on the docket, this case will be dismissed with final judgment entered for defts. The Court certifies pursuant to 28 USC sec. 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. The Clerk of Court is directed to send pltff a copy of this Memorandum and Order, together with a form complaint for employment discrimination actions, and to note the mailing on the docket. (Ordered by Judge Eric N. Vitaliano on 12/06/2017) c/m with form Complaint enc. (Galeano, Sonia)
March 20, 2018
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MEMORANDUM AND ORDER, More than 30 days have elapsed, however, and pltff has not filed an amended complaint. Accordingly, in line with the caution in the order granting leave, this action is hereby dismissed. The Court certifies, pursuant to 28 USC sec. 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. The Clerk of Court is directed to mail a copy of this Memorandum and Order to pltff, enter judgment accordingly and close this case. (Ordered by Judge Eric N. Vitaliano on 2/24/18) c/m Fwd. for Judgment. (Galeano, Sonia)