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Whittington v. Ponte

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
May 28, 2020
16 CIVIL 1152 (AJN) (S.D.N.Y. May. 28, 2020)

Opinion

16 CIVIL 1152 (AJN)

05-28-2020

Matthew Whittington, Plaintiff, v. Commissioner Joseph Ponte, et al., Defendants.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 27, 2020, the Court has considered the remainder of Whittington's claims and arguments and finds them to be without merit. See, e.g., LV Compl. at 1 (alleging, in a conclusory manner, "6th amendment violations" but providing no facts or legal argumentation supporting that theory). The Court also declines to consider the claims Plaintiff raises for the first time in his Opposition Brief to Defendants motion, given that he was provided four opportunities to amend his complaint. See Pl. Br. at 2. Therefore, defendants' motion for summary judgment is GRANTED. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. Dated: New York, New York

May 28, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Whittington v. Ponte

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
May 28, 2020
16 CIVIL 1152 (AJN) (S.D.N.Y. May. 28, 2020)
Case details for

Whittington v. Ponte

Case Details

Full title:Matthew Whittington, Plaintiff, v. Commissioner Joseph Ponte, et al.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: May 28, 2020

Citations

16 CIVIL 1152 (AJN) (S.D.N.Y. May. 28, 2020)