UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nnn ee ee eee KX Edward Franzese, Plaintiff, -against- 17 CIVIL 3020 (AJN) JUDGMENT City of New York, et al., Defendants. eee eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 13, 2018, Defendants’ motion to dismiss is GRANTED. As Plaintiff was on notice that declining to amend his pleadings to timely respond to Defendants’ first motion to dismiss may constitute a waiver of his right to use the amendment process to cure any defects that had been made apparent by Defendants’ briefing, Dkt. No. 27, Plaintiffs claim is dismissed with prejudice; accordingly, this case is closed. The Court certifies, pursuant to

(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. See Coppedge v. United States,

(1962).

Dated: New York, New York November 30, 2020

RUBY J. KRAJICK Clerk of Cousf7

Derbty Clerk