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18-922 - Graham v. NYC Dept. of Corr Svc et al


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18-922 - Graham v. NYC Dept. of Corr Svc et al
May 8, 2018
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MEMORANDUM & ORDER, Plaintiff's 4 Motion for Leave to Proceed in forma pauperis is granted. For the reasons set forth above, plaintiff's complaint, filed in forma pauperis, is dismissed without prejudice for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A. Plaintiff is granted thirty (30) days leave from the date of this memorandum and order to file an amended complaint consistent with the terms of this 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 the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to serve a copy of this order on plaintiff at his address of record and note service on the docket. So Ordered by Judge Kiyo A. Matsumoto on 5/7/2018. (c/m to Petitioner Pro Se as directed) (Lee, Tiffeny)