Smalls v. Battisti et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ANN M. DONNELLY, United States District Judge:
On January 30, 2025, the pro se plaintiff, a pretrial detainee incarcerated at Rikers Island,
brought this action pursuant to 42 U.S.C. § 1983, along with an application to proceed in forma
pauperis (“IFP”). (ECF Nos. 1, 5.) On October 16, 2025, the Court granted the plaintiff’s IFP
application and dismissed the complaint with leave to amend within 30 days. (ECF No. 9.) The
Court notified the plaintiff that it would enter judgment and close the case if he did not file an
amended complaint or request an extension of time. (Id. at 7.)
The plaintiff has not filed an amended complaint or requested an extension, and the time
for doing so has passed. Accordingly, the Clerk of Court is respectfully directed to enter
judgment, close this action, send a copy of this Order to the plaintiff, and note the mailing on the
docket.1
1 A copy of the October 16 Order sent to the plaintiff was returned to the Court because the plaintiff was
discharged from Rikers Island. (ECF No. 10.) The plaintiff has not filed a notice of change of address.
It is the plaintiff’s responsibility to inform the Court of his change of address. See Citak v. More
Consulting Corp., No. 17-CV-6049, 2018 WL 5311411, at *2 (E.D.N.Y. Oct. 25, 2018) (collecting
cases).
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AARON DEMOND SMALLS,
Plaintiff,
– against –
JUDGE ANTHONY BATTISTI, KEVIN
EUGENE MORGAN, DR. PERRY,
CORRECTIONAL OFFICER DAVIES 13893,
Defendants.
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MEMORANDUM DECISION AND
ORDER
25-CV-674 (AMD) (LKE)
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2
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 IFP status is denied for the purpose of an appeal.
See Coppedge v. United States, 369 U.S. 438, 444–45 (1962).
SO ORDERED.
___________________________
ANN M. DONNELLY
United States District Judge
Dated: Brooklyn, New York
December 5, 2025
s/Ann M. Donnelly
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