Opinion

Brown v. Annucci

Court
District Court, S.D. New York
Filed
May 15, 2020
Cited by
0 cases
Authority
More cited than 27.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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BYRON K. BROWN, [usc sor

Plaintiff, : | OCCUMENT

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ANTHONY ANNUCCI, Commissioner; OE —_—_—_—_—_—_"

MICHAEL CAPRA, Superintendent; :

F, CARABALLO, Correctional Sergeant; :

J, AYALA, Correctional Officer; S. AMARO, ORDER

Correctional Officer; V. YOUNG, Registered ——

Nurse; K. GREEN, Correctional Officer; T.

BOWEN, Correctional Officer; M. BARNES, 19 CV 9048 (VB)

Correctional Captain, M. ROYCE, Deputy

Superintendent of Security; D. VENNETTOZI,

Director of Special Housing; L. MALIN, Deputy

Superintendent of Programs; J. DECKELBAUM, :

Correctional Sergeant; CARLOS J. :

RODRIGUEZ, Correctional Officer; and LERVIS — :

MEREJO, Correctional Officer, :

Defendants. :

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On April 20, 2020, defendants Annucci, Capra, Young, Green, Bowen, Barnes, Royce,

Venettozzi, Malin, and Deckelbaum moved to dismiss plaintiff’s amended complaint, and mailed

to plaintiff, who is proceeding pro se and in forma pauperis, copies of the motion and supporting

documents. (Docs. ##44—-45). Plaintiff’s opposition to the motion was due May 7, 2020. See

Fed. R. Civ. P. 6(d); Local Civil Rule 6.1(b).

To date, plaintiff has failed to oppose the motion or seek an extension of time to do so.

Accordingly, it is HEREBY ORDERED:

The Court sua sponte extends to June 12, 2020, plaintiff’s time to oppose the motion to

dismiss. If plaintiff fails to respond to the motion by June 12, 2020, the motion will be

deemed fully submitted and unopposed.

If plaintiff opposes the motion, defendants’ reply, if any, shall be due June 26, 2020.

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

purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

Chambers will mail a copy of this Order to plaintiff at the address on the docket.

Dated: March 15, 2020

White Plains, NY

SO ‘lle.

Vincent L. Briccetti

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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