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X Joshua Quinn v. andrew Cuomo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 7, 2010

X JOSHUA QUINN,
PLAINTIFF,
v.
ANDREW CUOMO, ATTORNEY GENERAL OF THE STATE OF NEW YORK, DEFENDANT.

The opinion of the court was delivered by: Kiyo A. Matsumoto United States District Judge

ORDER AND JUDGMENT

MATSUMOTO, United States District Judge:

On September 8, 2010, plaintiff Joshua Quinn, who is currently incarcerated at Rikers Island Correctional Facility, filed this pro se action pursuant to 28 U.S.C. § 2403 challenging the New York State Penal laws under which he was indicted. By Memorandum and Order dated October 5, 2010, the court granted plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and directed him to file, within 30 days, an amended complaint that complies with Rule 8 of the Federal Rules of Civil Procedure. More than 30 days have passed, and plaintiff has not filed an amended complaint. Accordingly, the complaint is dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b).

ORDERED, ADJUDGED AND DECREED: That the case is dismissed pursuant to 28 U.S.C. § 1915A(b). 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 purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

Brooklyn, New York

20101207

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