Marshall v. Reyes et al
| Neil Marshall |
| Charles Nieves and Detective Reyes |
| 1:2016cv05715 |
| September 22, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K. Chen |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
5
ORDER: Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted solely for purposes of this Order. For the foregoing reasons, all of Plaintiff's claims are dismissed pursuant to 28 U.S.C. § 1 915(e)(2)(B)(ii). Because of Plaintiff's pro se status, the Court permits Plaintiff thirty (30) days to file an amended complaint. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (court should generally not dismiss a pro se complaint without granting plaintiff leave to amend if a valid claim could be stated). If Plaintiff elects to file an amended complaint, he must allege facts regarding a change in status or other deprivation of any property or liberty interes t imposed by the State. The amended complaint must be captioned AMENDED COMPLAINT and bear the docket number 16-CV-5715 (PKC) (LB). If filed, the amended complaint shall replace the original complaint. All further proceedings shall be stayed f or thirty (30) days or until Plaintiff has complied with this order. If Plaintiff fails to comply with this order within the time allowed, this action will be dismissed without prejudice. If Plaintiff files an amended complaint, it shall be reviewed for substantive sufficiency pursuant to 28 U.S.C. § 1915(e)(2)(B).The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal 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). Ordered by Judge Pamela K. Chen on 11/8/2016. (Gregorio, Heather)
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