Pina-Rodriquez v. Koenigsmann

UNITED STATES DISTRICT COURT oa SOUTHERN DISTRICT OF NEW YORK UT ene cen nen □□□ nen en eeene SS OM IAL ce LEONARD PINA-RODRIGUEZ, : SS ees =p 4 Plaintiff, mm os ly a A I □ V. : DOCTOR KENNETH CONICELLI, DDS, : ORDER Dentist, Fishkill Correctional Facility; : DOCTOR M. SALEH, DDS, Dentist, Fishkill : 18 CV 5167 (VB) Correctional Facility, DOCTOR BRITTA : VIERECKL-PRAST, DDS, New York State : Department of Corrections and Community : Supervision Regional Dental Director; MULTI- — : DIAGNOSTIC SERVICES, INC., and GARY : GARBUTT, in their individual capacities, : Defendants. een ee ese en es es ee ne sn HX On November 1, 2019, defendants Dr. Kenneth Conicelli, Dr. M. Saleh, and Dr. Britta Viereckl-Prast moved to dismiss plaintiff's amended complaint. (Doc. #49). Plaintiffs opposition to the motion was due November 18, 2019. See Fed. R. Civ. P. 6(d); Local Rule 6.1(b). To date, no response has been filed.

Accordingly, it is HEREBY ORDERED: 1, The Court sua sponte extends to December 31, 2019, plaintiffs time to oppose the motion to dismiss the amended complaint. Defendants’ reply, if any, is due January 14, 2020.

2. If plaintiff fails to respond to the motion by December 31, 2019, the motion will be deemed fully submitted and unopposed.

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: December 3, 2019 White Plains, NY SO hel S—— Vincent L.Briccetti United States District Judge