Miller et al v. County of Nassau et al
| Ramel Williams, Rohit Gulati, Daniel Miller and Scott Power |
| Charles Dunne, County of Nassau and Michael Sposato |
| 2:2012cv04164 |
| August 20, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
21
ORDER denying 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion for Leave to Proceed in forma pauperis; granting 5 Motion for Leave to Proceed in forma pauperis. For the reasons set forth above, Miller's application to proceed in forma pauperis is denied. Miller is directed to pay his pro rata share of the $350.00 filing fee within fourteen (14) days of the date of this Order, and a failure to do s o will lead to the dismissal of his claims without prejudice and without further notice and judgment shall enter. Miller is advised that his payment of the filing fee does not exempt him from the requirements of 28 U.S.C. § 1915A. The applicatio ns to proceed in forma pauperis of Gulati, Power, and Williams are granted, but the Complaint is sua sponte dismissed, in part, as set forth above, pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b). Leave to file an Amended Complaint as set f orth above is granted and shall be filed within fourteen (14) days from the date of this Order. The remaining claims concerning the living conditions at the Nassau County Correctional Center of Gulati, Power, and Williams against the County of Na ssau and Michael Sposato shall proceed and the Clerk of the Court shall forward copies of the summonses, the Complaint, and this Order to the United States Marshal Service for service upon these Defendants forthwith. Further, Gulati, Power, and Will iams' applications for class certification and for a temporary restraining order and preliminary injunction are DENIED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good fait h and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to terminate Charles Dunne as a defendant in this action and to mail copies of this Memorandum and Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 10/3/2012. C/M (Valle, Christine)
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