Johnson v. Department of Corrections

Opinion

UNITED STATES DISTRICT COURT 2 UE ey SOUTHERN DISTRICT OF NEW YORK CHAD S. JOHNSON, pp Plaintiff, ETE / II □□ : SUPERINTENDENT ROBERT MORTON; : EDWARD BURNETTE, Deputy of Security; : ORDER SERGEANT S. PETRIE; LT. KAILVETTI; CORRECTION OFFICER D. ALLEN; : 21 CV 986 (VB) CORRECTION OFFICER MASON : HAMILTON; CORRECTION OFFICER : - KK ) □□ TRAVIS SMALL; CORRECTION OFFICER : Covids Mail Faxed / - / J □□ . . 0 wee □□ JAMES MAKEL; and CORRECTION : Cham Majled/Faxed L. Briccetti □□ OFFICER RAYMOND ORTIZ, : Defendants. : a ee a On November 22, 2021, defendants moved to dismiss. (Doc. #38). On December 3, 2021, the Court entered a briefing schedule for the motion, which provided that plaintiff’s opposition was due on January 7, 2022, and defendants’ reply was due on January 28, 2022. (Doc. #42). To date, plaintiff has not responded to defendants’ motion. Accordingly, it is HEREBY ORDERED that plaintiff’s deadline to oppose defendants’ motion to dismiss is sua sponte extended to February 17, 2022. Any reply by defendants shall be filed by March 3, 2022. . No further extensions of plaintiff’s deadline to oppose defendants’ motion shall be granted. Should plaintiff fail to oppose defendants’ motion to dismiss by February 17, 2022, the Court will deem the motion fully submitted and decide it in due course. 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 an appeal. See 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: January 18, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge