Mims v. Yehl et al, No. 6:2013cv06405 - Document 35 (W.D.N.Y. 2014)

Court Description: DECISION AND ORDER granting 23 Motion for Summary Judgment, and this action is dismissed with prejudice. The Court certifies that any appeal from this order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor p erson is denied. Coppedge v. United States, 369 U.S. 438 (1962). Any request to proceed in forma pauperis on appeal should be directed by motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the Court is directed to close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/22/14. -CLERK TO FOLLOW UP- (SCE)