Griffin v. Ms Fludd

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X K-MEL T. GRIFFIN,

Plaintiff, ORDER -against- 19-CV-0107(JS)(SIL)

MS. FLUDD, Nassau County Correctional Center; and OFFICER BLUM, #3177,

Defendants. ----------------------------------X APPEARANCES For Plaintiff: K-Mel T. Griffin, pro se 19-A-1468 Washington Correctional Facility 72 Lock 11 Lane P.O. Box 180 Comstock, New York 12821-0180

For Defendants: No appearances.

SEYBERT, District Judge: By Memorandum and Order dated January 9, 2020 (the “Order”), the Court sua sponte dismissed the Amended Complaint filed by incarcerated pro se plaintiff K-Mel T. Griffin (“Plaintiff”) (D.E. 15). The Court granted Plaintiff leave to file a Second Amended Complaint in accordance with the guidance set forth in the Order within thirty (30) days from the date of the Order. The Order warned Plaintiff that judgment shall enter and this case will be closed if he does not timely file a Second Amended Complaint. (D.E. 15 at 8.) To date, Plaintiff has not filed a Second Amended Complaint nor has he other otherwise communicated with the Court about this case. Accordingly, the Court directs the Clerk of the Court to ENTER JUDGMENT AND CLOSE THIS CASE and to MAIL a copy of this Order to the pro se Plaintiff at his last known address. 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).

SO ORDERED.

/s/ JOANNA SEYBERT______ JOANNA SEYBERT, U.S.D.J.

Dated: April 10 , 2020 Central Islip, New York