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16-7043 - Taveras v. Sheriffs Dept. et al


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16-7043 - Taveras v. Sheriffs Dept. et al
May 12, 2017
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MEMORANDUM & ORDER; For the reasons set forth above, Plaintiffs 2 application to proceed in forma pauperis is GRANTED, however the Complaint is sua sponte DISMISSED WITH PREJUDICE as against the Sheriffs Department and Mr. Walker for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiff is GRANTED LEAVE TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER. Any Amended Complaint shall be filed within thirty (30) days from the date of this Order, shall be titled Amended Complaint, and shall bear the same docket number as this Order, No. 16-CV-7043(JS)(ARL). 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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 5/12/2017. c/m to pro se pltff. (Coleman, Laurie) (Coleman, Laurie)