Monroe v. County of Rockland

Background

The defendants—County of Rockland, Masi, Food Service Supervisor, and Jouliana Petranaker, H.S.A. Nurse Administrator—moved to dismiss the case on November 19, 2021. The notice of motion stated that Monroe’s opposition was due November 29, 2021, and that the defendants’ reply was due December 6, 2021. Monroe did not respond by December 6.

Additional Time

On December 7, 2021, the court extended Monroe’s deadline to oppose the motion to January 6, 2022. The court warned that it would grant no further extensions and would treat the motion as fully submitted if Monroe did not respond by that date. Monroe still did not file an opposition.

Ruling

Judge Vincent L. Briccetti deemed the defendants’ motion to dismiss fully submitted and stated that the court would decide it later. This order did not decide whether the motion to dismiss should be granted or denied. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees. The court directed its chambers to mail Monroe a copy of the order at the address on the docket.