Gay v. Terrell et al
| Wendell Jenkins and Eric Steven Gay |
| Duke Terrell, Shu LtMr. Pasley, Dr. Newland, NYC Police SGT. Jiminez, Officer Cabellero, Lt. Mr. Gruse, NYC Police Sergeant Hernandez, Ms. King and Med. Supervisor Mr. Italia |
| 1:2012cv02925 |
| June 11, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Lois Bloom |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
56
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby adopts the conclusions of the R&R in full. In addition, to the extent that the R&R did not dispose of Gay's claim regarding his initial bunk assignment, the Court finds the entry of judgment in favor of defendants warranted on that claim as well. Accordingly, Gay's claims are dismissed in their entirety. The Clerk of Court is directed to terminate all pending motions, enter judgment and close the case. The Cou rt 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 in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Chief Judge Carol Bagley Amon on 9/26/2013. (fwd for judgment) (Fernandez, Erica)
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Filing
8
MEMORANDUM AND ORDER: The Clerk of Court is directed to terminate Wendell Jenkins from this action. Gay's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) is granted. Gay is granted 30 days leave from the date of this Order to file an amended complaint. The amended complaint will completely replace the original complaint. It must be captioned "Amended Complaint," must list only Gay in the caption, and must be signed by Gay. If Gay fails to file an amended complaint, judgment dismissing this action shall be entered. No summonses shall issue at this time and all further proceedings shall be stayed for 30 days. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal wou ld not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Chief Judge Carol Bagley Amon, on 6/30/2012. C/mailed to pro se Plaintiffs. (Party Wendell Jenkins terminated.) (Latka-Mucha, Wieslawa)
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