Latimer v. Royce et al, No. 7:2021cv01275 - Document 38 (S.D.N.Y. 2022)

Court Description: OPINION AND ORDER re: 24 MOTION to Dismiss per Fed. R. Civ. P. 12(b)(6) filed by Rosita Rossy, David Mazella, Shelley Mallozzi, Mark Royce, Anthony Annucci. Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PAR T. Defendants Commissioner Annucci, Sgt. Rossy, and Sgt. Mazella shall file an answer by May 2, 2022. By separate Order, the Court will schedule an initial conference. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to terminate defendants Green Haven Cor rectional Facility Superintendent Mark Royce and DOCCS Director Inmate Grievance Program Shelley Mallozzi from the docket, and to terminate the motion. (Doc. #24). Chambers will mail a copy of this Opinion and Order to plaintiff at the address on the docket. SO ORDERED. Shelley Mallozzi (DOCCS, Director, Inmate Grievance Program, in official and personal capacity) and Mark Royce (Green Haven Corr. Facility, in His Official & Personal Capacity) terminated. Rosita Rossy answer due 5/2/2022; Anthony Annucci answer due 5/2/2022; David Mazella answer due 5/2/2022. (Signed by Judge Vincent L. Briccetti on 4/18/2022) Copies Mailed By Chambers. (mml)