Brown v. Nassau County Department of Parks & Recreation, No. 2:2010cv05062 - Document 17 (E.D.N.Y. 2011)

Court Description: ORDER granting 9 Motion to Dismiss. For the foregoing reasons, Defendant's motion to dismiss is GRANTED and Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE with leave to file a Second Amended Complaint. Any Second Amended Co mplaint must be filed on or before February 14, 2011 or the Amended Complaint will be deemed dismissed with prejudice. The Court certifies that 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 purpose of an appeal. Defendant is ORDERED to serve a copy of this Memorandum and Order on the pro se Plaintiff and to file proof of service on ECF within seven (7) days of the date of this Memorandum and Order. So Ordered by Judge Joanna Seybert on 12/22/2011. C/ECF (Valle, Christine)