Houston v. Capra ( 2020 )

UNITED STATES DISTRICT COURT cobepbedd! 2 3 Chambers of Vincent L. Briceetl SOUTHERN DISTRICT OF NEW YORK. asta een ee ee nnn nee nn re nnn wn nn nnn ee eK TYRONE HOUSTON, : (Oe cece □□□ Plaintiff, _ ‘SDC SDNY aT | BOCUMENT V. ELECTRONIC, □□ (BOCH MICHAEL CAPRA, Individually, and as : DATE FILED: _ G //2 4 superintendent of Sing Sing Correctional : > □□ g / FO Facility; S. HENTON, Individually, and as : deputy superintendent for health services for : Sing Sing C.F.; C. VASQUEZ, Individually, : and as a Nurse Administrator for Sing Sing : C.F.; ANTHONY ANNUCCI; ANNE MARIE : ORDER MCGRATH; JOHN MORLEY; STEPHEN : MAHER; JEFF MCKOY; RUTH BROWN; : 20 CV 2135 (VB) LEON A. PRALATOWSKIJ; SAMONE L. : DINKINS; CAMPBELL, Individually, and as : prison guard Set. for Fishkill C.F.; BAILEY, : Individually and as prison guard for A Block : (OIC relieve) for Sing Sing C.F.; ORTIZ : Individually, and as Prison Guard for Sing Sing C.F.; VALEZ; C.O. ROBERT CIMMINELL]; : Q. QUICK; SALLY A. REAMS; LEROY : FIELDS; STEPHEN URBANSKI; : LIEUTENANT PERKINS, : Defendants. : an cerns en renee ee a we ee ene X On July 28, 2020, defendants moved to dismiss the complaint in this Section 1983 action. (Doc. #41). That day, defendants served a copy of the motion and all supporting papers on plaintiff, who is proceeding pro se, via regular mail. (See Doc. #43). Plaintiffs opposition to defendants’ motion was originally due August 11, 2020. See Local Rule 6.1(b). The Court sua sponte extended plaintiff's time to oppose defendants’ motion to dismiss the complaint to September 12, 2020. By order dated August 17, 2020, the Court granted plaintiff's request for an extension of time to oppose defendants’ motion to dismiss to September 16, 2020. Plaintiffs opposition to defendants’ motion to dismiss, signed by plaintiff and dated on September 11, 2020, was received and filed on the docket on September 22, 2020. Accordingly, it is HEREBY ORDERED: 1. Defendants’ reply to plaintiffs opposition, if any, is due September 30, 2020. 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. Dated: September 23, 2020 White Plains, NY SO ORDEREIS Vincent L. Briccetti United States District Judge