Vaughn v. Ryan Health Care Center

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NAT VAUGHN, Plaintiff, -against- 22-CV-1637 (LTS) RYAN HEALTH CARE; MARTIN A. ORDER AVILES OD; JANE DOE, MEDICAL TECHNICIAN, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. By order dated March 7, 2022, the Court dismissed the complaint for lack of subject matter jurisdiction, but granted Plaintiff 30 days’ leave to file an amended complaint to allege facts showing that the Court has diversity jurisdiction to consider this action. On March 16, 2022, Plaintiff filed a letter seeking an extension of time to file his amended complaint. The Court grants Plaintiff’s request for an extension of time. Plaintiff is directed to file an amended complaint within 30 days of the date of this order. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will enter judgment dismissing the complaint for the reasons stated in its March 7, 2022, order. In his letter, Plaintiff also seeks “clarification” regarding diversity of citizenship jurisdiction. Plaintiff may wish to consider contacting the New York Legal Assistance Group’s (NYLAG) Legal Clinic for Pro Se Litigants, which is a free legal clinic staffed by attorneys and

paralegals to assist those who are representing themselves in civil lawsuits in this court. A copy of the flyer with details of the clinic is attached to this order. The clinic is currently available only by telephone. CONCLUSION The Court grants Plaintiff’s request for an extension of time to file an amended complaint. (ECF 5.) Plaintiff is directed to file an amended complaint within 30 days of the date of this order. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: March 17, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge Notice For Pro Se Litigants As a public health precaution, the New York Legal Assistance Group’s Legal Clinic for Pro Se Litigants has temporarily suspended all in- person client meetings as of Tuesday, March 17, 2020. □□

Limited scope legal assistance will continue to □ be provided, but only by appointment and only a a rae! □□□ over the phone. During this time, we cannot i. Ad la □□ □□ assist walk-in visitors to the clinic. Ne leks a □□ □□□

If you need the assistance of the clinic, please yee i □□□ call 212-659-6190 and leave a message, Pe eae □□ including your telephone number, and someone ye □□ gar □□□ will get back to you as soon as possible. If you do i □□□ Pe i □□ □□□ not leave a message with your telephone | number, we cannot call you back. i □□

Please be patient because our responses to your ; ; ioe □ messages may be delayed while we transition to yh □ phone appointments. □□□

New York HE Legal Assistance Group