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18-2389 - Bennett v. New York City et al


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18-2389 - Bennett v. New York City et al
June 18, 2018
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MEMORANDUM & ORDER: For purposes of this Memorandum and Order, the Court grants Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court liberally construes the Complaint as alleging Eighth Amendment violations. The Court directs Plaintiff to replead his claim and show cause within 30 days to explain why this action should not be dismissed as time- barred by the three-year statute of limitations applicable to section 1983 claims. All further proceedings shall be stayed for 30 days. If Plaintiff fails to timely comply with this Memorandum and Order, or show good cause why he cannot comply, the action will be dismissed and the Court shall enter judgment. The Court certifies pursuant to 28 U.S.C. § 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. SO ORDERED by Judge Margo K. Brodie, on 6/18/2018. (Copy of this Order and the attached copies of all unpublished cases cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa)