Ortiz v. Westchester County Jail et al, No. 7:2018cv05344 - Document 31 (S.D.N.Y. 2019)

Court Description: OPINION AND ORDER re: 16 MOTION to Dismiss plaintiff's complaint filed by Raul Ulloa, New York Correct Care Solutions Medical Services P.C., Joon Parks, Westchester County Jail, Correct Care Solutions, LLC. The m otion to dismiss is GRANTED. However, plaintiff is granted leave to file an amended complaint as to his deliberate indifference and Monell claims in accordance with the instructions above. Plaintiff shall file his amended complaint by no later than July 17, 2019, and shall utilize the amended complaint form attached hereto. If plaintiff fails to file an amended complaint or seek additional time to do so by July 17, 2019, the Court will direct the Clerk to enter judgment in defenda nts' favor and close the case. The Clerk is instructed to terminate the pending motion. (Doc. # 16). 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 pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 448, 444-45 (1962). (Signed by Judge Vincent L. Briccetti on 6/17/2019) Copies Mailed By Chambers. (mro)