# Brown v. Annucci

> District Court, S.D. New York · May 15, 2020

URL: https://www.frixlaw.com/law-library/cases/10322947

## Case

- **Court:** District Court, S.D. New York
- **Decided:** May 15, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10322947

## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BYRON K. BROWN, [usc sor
Plaintiff, : | OCCUMENT
peed PONTO ALLY FILED |p □
V. fe
. Sfisfze30
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. :
ee eG mK
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10322947. Public record. Not legal advice.