Aaron Demond Smalls v. Judge Anthony Battisti, Kevin Eugene Morgan, Dr. Perry,...

District Court, E.D. New York

Aaron Demond Smalls v. Judge Anthony Battisti, Kevin Eugene Morgan, Dr. Perry,...

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : AARON DEMOND SMALLS, : Plaintiff, : MEMORANDUM DECISION AND ORDER – against – : 25-CV-674 (AMD) (LKE) : JUDGE ANTHONY BATTISTI, KEVIN EUGENE MORGAN, DR. PERRY, : CORRECTIONAL OFFICER DAVIES 13893, : Defendants. : --------------------------------------------------------------- X ANN M. DONNELLY, United States District Judge:

On January 30, 2025, the pro se plaintiff, a pre trial detainee incarcerated at Rikers Island,

brought this action pursuant to

42 U.S.C. § 1983

, along with an application to proceed in forma

pauperis (“IFP”). (ECF Nos. 1, 5.) On October 16, 2025, the Court granted the plaintiff’s IFP

application and dismissed the complaint with leave to amend within 30 days. (ECF No. 9.) The Court notified the plaintiff that it would enter judgmen t and close the case if he did not file an amended complaint or request an extension of time. (Id. at 7.) The plaintiff has not filed an amended complaint or requested an extension, and the time for doing so has passed. Accordingly, the Clerk of Court is respectfully directed to enter judgment, close this action, send a copy of this Order to the plaintiff, and note the mailing on the docket.1

1 A copy of the October 16 Order sent to the plaintiff was returned to the Court because the plaintiff was discharged from Rikers Island. (ECF No. 10.) The plaintiff has not filed a notice of change of address. It is the plaintiff’s responsibility to inform the Court of his change of address. See Citak v. More Consulting Corp., No. 17-CV-6049,

2018 WL 5311411

, at *2 (E.D.N.Y. Oct. 25, 2018) (collecting cases). 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438

, 444–45 (1962).

SO ORDERED. _ s_/_A_n_n__ M__. _D_o_n__n_e_ll_y__________ ANN M. DONNELLY United States District Judge

Dated: Brooklyn, New York December 5, 2025

Reference

Full Case Name
Aaron Demond Smalls v. Judge Anthony Battisti, Kevin Eugene Morgan, Dr. Perry, Correctional Officer Davies 13893
Status
Unknown