Simmons v. City of Mount Vernon

Opinion

-7T? UNITED STATES DISTRICT COURT Copie «hesed 4 WIA □ SOUTHERN DISTRICT OF NEW YORK x Chambers of Vincent L. Briccetti TERRI SIMMONS, Plaintiff, : ORDER V. 19 CV 10388 (VB) CITY OF MOUNT VERNON; COUNTY OF PUTNAM; NICOLE MURPHY; in her official : ce ARAREIAtI ca Sh. atic win armen □□□ and individual capacities; PENNY BECKMAN, _: SBNy in her official and individual capacities; : DOCUMENT PUTNAM/NORTHERN WESTCHESTER | ELECTRONICALLY She | BOARD OF COOPERATIVE EDUCATIONAL : moc Of fe SERVICES; and MOUNT VERNON CITY (OATS SELED: LL 2[ SCHOOL DISTRICT, Lonmenmie prod eT Defendants. : ee ee ee ee er ee ee een en en nnn nee een X On March 22, 2021, defendants moved to dismiss plaintiff’s amended complaint. (Doc. #38), The deadline for plaintiff, who is proceeding pro se and in forma pauperis, to oppose the motion to dismiss was April 5, 2021. To date, plaintiff has failed to oppose the motion. Accordingly, it is HEREBY ORDERED: The Court sua sponte extends to May 10, 2021, plaintiff’s time to oppose the motion to dismiss. If plaintiff fails to respond to the motion by May 10, 2021, the motion will be deemed fully submitted and unopposed, and will be decided in due course. If plaintiff opposes the motion, defendants’ reply, if any, shall be due May 17, 2021. 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: April 12, 2021 White Plains, NY sO vl lene Vincent L. Briccetti United States District Judge