Winkfield v. Parkchester South Condominium Inc. et al, No. 1:2011cv00983 - Document 48 (S.D.N.Y. 2013)

Court Description: OPINION AND ORDER re: 43 MOTION for Judgment on the Pleadings filed by International Brotherhood of Teamsters, Local 808. For the reasons discussed above, Winkfield's city and state law claims are dismissed with prejudice as time-barred. His T itle VII claim, however, is dismissed without prejudice to Winkfield filing an amended complaint by July 11, 2013 with a copy of an EEOC right-to-sue letter pertaining to Local 808 attached or alleging a justification for his failure to obtain such a letter. If Winkfield fails to amend his complaint by July 12, 2013, this case will be closed. 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 paupe ris status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is respectfully directed to terminate the motion pending at docket number 43. (Signed by Judge Ronnie Abrams on 6/11/2013) (cd)

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