Opinion
1:23-cv-00264
04-21-2023
WILFREDO ORTIZ, Plaintiff v. OFFICER CICCHITELLO, Defendants
ORDER
SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE
AND NOW, on this 21st day of April 2023, for the reasons set forth in the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Plaintiff Wilfredo Ortiz's complaint (Doc. No. 1) is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted;
2. Ortiz may file an amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order;
3. If no amended complaint is timely filed, this case will be closed; and
4. Ortiz's motion for appointment of counsel (Doc. No. 9) is DISMISSED as moot in light of paragraph 1 above.