Gunn v. Doe et al, No. 7:2019cv11821 - Document 34 (S.D.N.Y. 2020)

Court Description: OPINION AND ORDER re: 26 MOTION to Dismiss filed by Anthony Wells, Patrick Leon McNeil, Wesley, Peterson, Keith Sposato. The motion to dismiss is GRANTED. However, plaintiff is granted leave to file a second amended complaint as to his claim for denial of access to the courts against defendants C.O. McNeil, C.O. Sposato, C.O. Peterson, C.O. Wesley, and C.O. Wells; his deliberate indifference to serious medical needs claim against defendant C.O. Wesley; and his retaliation claim against C.O. Sposato in accordance with the instructions above. Plaintiff shall file his second amended complaint by no later than February 8, 2021, using the second amended complaint form attached to this Opinion and Order. If plaintiff fa ils to file a second amended complaint or seek additional time to do so by February 8, 2021, the Court will deem plaintiff to have abandoned this case and will direct the Clerk to enter judgment in defendants' favor, and close the case. The Cour t 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444--45 (1962). The Clerk is instructed to terminate the motion. (Doc. #26). SO ORDERED. ( Amended Pleadings due by 2/8/2021.) (Signed by Judge Vincent L. Briccetti on 12/23/2020) Copies Mailed By Chambers. (mml)