Greene v. City of New York et al, No. 1:2014cv03896 - Document 5 (S.D.N.Y. 2014)

Court Description: OPINION & ORDER: Based on the foregoing, the Complaint is dismissed for failure to state a claim. The Court grants plaintiff leave to replead should he be able to plausibly allege facts that do state a claim. The Clerk of Court is directed to close this case. The dismissal is without prejudice providedthat plaintiff files an Amended Complaint within 45 days. If no amended complaint is filed within 45 days, the dismissal will then be with prejudice. The Court certifies, pursuant to 28 U.S.C. & #167; 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. See Coppedge v. United States, 369 U.S. 438,444-45 (1962). (Signed by Judge Paul A. Engelmayer on 11/11/2014) (djc)