eer Lt Tt Le! PILED CLERK'S OFF US DISTRICT Cou □□□□ Nly UNITED STATES DISTRICT COURT □ | EASTERN DISTRICT OF NEW YORK * OCT 3? □□□□ enn neces nnn nner nnnnnnneenne LISTON ALEXIS, BROOKLYN OFF Plaintiff, : : MEMORANDUM & ORDER -against- : : 19-CV-3300 (ENV) (VMS) D.O.C. CITY OF NEW YORK, : Defendant. we eee eee ee ee ewe newer nese eanen seers eeseweweweorweesee x VITALIANO, D.J., On June 17, 2019, plaintiff Liston Alexis, pro se, initiated this action against the New

York City Department of Correction. By Memorandum and Order dated August 19, 2019, the | Court granted plaintiff's application to proceed in forma pauperis and dismissed his complaint, sua sponte, with leave to file an amended complaint within 30 days.! However, since no □

amended complaint has been filed, much less in a timely fashion, the claims are dismissed. The Court certifies pursuant to

(a)(3) that any appeal would not be □□□□□ in good faith, and therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States,

(1962). The Clerk of Court is directed to enter judgment for defendant, to mail a copy of this

Memorandum and Order to plaintiff and to close this case.

' After plaintiff notified the Court that he had not received the Memorandum and Order due to his release from Brooklyn Detention Center and his change of address, the Court directed the Clerk of Court to mail that Memorandum and Order to plaintiff's new address, and it extended plaintiff's deadline to file an amended complaint to October 28, 2019. See Dkt. 11.

So Ordered. Dated: Brooklyn, New York October 30, 2019 /s/ USDJ ERIC N. VITALIANO ERICN.VITALIANO. |. United States District Judge

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