Perez v. Annucci et al, No. 7:2020cv08069 - Document 27 (S.D.N.Y. 2021)

Court Description: OPINION AND ORDER re: 19 MOTION to Dismiss filed by Bentivegna, Holder, Silver, Griffin, Anthony Annucci. The motion to dismiss is GRANTED. However, the plaintiff is granted leave to file an amended complaint as to his claim for deliberate indifference to serious medical needs against Dr. Holder in accordance with the instructions above. Plaintiff shall file his amended complaint by no later than January 31, 2022, using the amended complaint form enclosed with this Opin ion and Order. If plaintiff fails to file an amended complaint or seek additional time to do so by January 31, 2022, the Court will deem plaintiff to have abandoned this case, direct the Clerk to enter judgment in defendats' favor, and close the case. The Clerk is instructed to terminate the motion. (Doc. #19). The Clerk is further instructed to terminate defendants Annucci, Griffin, Bentivegna, and Silver from this action. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appea l 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). Chambers will mail a copy of this Opinion and Order, as we ll as the amended complaint form, to plaintiff at the address on the docket. SO ORDERED. Griffin (in his Official and Personal Capacity), Silver (GHCF Medical Provider, in his official and personal capacity), Anthony Annucci (in his official and Personal Capacity) and Bentivegna (in his Official and Personal Capacity) terminated., ( Amended Pleadings due by 1/31/2022.) (Signed by Judge Vincent L. Briccetti on 11/29/2021) Copies Mailed By Chambers. (vfr)