Howard v. New York State Division of Parole et al
| Juan Howard |
| Commissioner Anthony J. Annucci, Supervisor Linda Jeffries, John Doe, New York City Department Of Corrections, New York State Division of Parole, Parole Officer Nicholas Pierce, Tina M. Stanford, State of New York Department of Corrections & Community Supervision and Sr. Parole Officer Watkins |
| 1:2015cv05317 |
| September 11, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Dora Lizette Irizarry |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis, DISMISSING CERTAIN CLAIMS AND GRANTING LEAVE TO AMEND THE COMPLAINT BY NO LATER THAN OCTOBER 26, 2018 - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Plaintiff's claims against the New York State Division of Parole, State of New York Dept. of Corrections and Community Supervision, Anthony J. Annucci, Tina M. Stanford, Administrative Law Judge John Doe, and the New York City Department of Cor rections are dismissed with prejudice. No summonses shall issue as to these defendants and the Clerk of Court is directed to amend the caption to reflect the dismissal of these defendants. Plaintiff's request for prospective injunctive relief i s denied. Pro se Plaintiff is granted leave to amend the complaint NO LATER THAN OCTOBER 26, 2018 as to defendants Watkins, Jeffries, and Pierce in accord with the Written Memorandum and Order. The amended complaint must be captioned as an "Amended Complaint," name only Senior Parole Officer Watkins, Supervisor Linda Jeffries, and Parole Officer Nicholas Pierce as defendants, and bear the same docket number as this Order. No summonses shall issue at this time and all furt her proceedings shall be stayed until October 26, 2018. If Plaintiff fails to file an amended complaint timely, his case shall be dismissed with prejudice. For the convenience of pro se Plaintiff, "Instructions on How to File an Amended Complaint" are attached. In addition, information concerning the Federal Pro Se Clinic or Legal Assistance Project is attached. Plaintiff is encouraged to consult with the staff at the Federal Pro Se Clinic for assistance in filing the Amende d Complaint. 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, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail to pro se Plaintiff a copy of this Electronic Order and the Attached Written Memorandum and Order, Instructions on How to File and Amended Complaint and Information Sheet for the Federal Pro Se Clinic. Ordered by Chief Judge Dora Lizette Irizarry on 9/26/2018. (Attachments: # 1 Supplement, # 2 Supplement) (Irizarry, Dora)
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