Simmons v. City of Mount Vernon

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nner en □□ ee cone ee cance nee KX bay Bee “ig TERRI SIMMONS, aresss Plaintiff, : ESTA ay □□□ □

CITY OF MOUNT VERNON; COUNTY OF : ORDER PUTNAM; NICOLE MURPHY; in her official and individual capacities; PENNY BECKMAN, _ : 19 CV 10388 (VB) in her official and individual capacities; : PUTNAM/NORTHERN WESTCHESTER BOARD OF COOPERATIVE EDUCATIONAL : SERVICES; MOUNT VERNON CITY : SCHOOL DISTRICT, Defendants. : en □□ nese ne cee eee eee XK On February 12, 2020, defendants moved to dismiss plaintiff’s complaint, and mailed to plaintiff, who is proceeding pro se and in forma pauperis, copies of the motion and supporting documents. (Docs. ##12-—15), 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 April 7, 2020, plaintiff’s time to oppose the motion to dismiss. If plaintiff fails to respond to the motion by April 7, 2020, the motion will be deemed fully submitted and unopposed. If plaintiff opposes the motion, defendants’ reply, if any, shall be due April 21, 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). The Clerk is directed to mail a copy of this Order to plaintiff at the address on the docket. Dated: March 10, 2020 White Plains, NY “heal. Vincent L.Briccetti United States District Judge