Merchant v. Nassau County et al
| Alex Merchant |
| Nassau County, Nassau County Corrections Center-NCCC, Michael Sposato and County Attorney/Nassau County |
| 2:2011cv03130 |
| June 29, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
39
MEMORANDUM & ORDER [ADOPTING REPORT AND RECOMMENDATION]: On 8/27/2012, Magistrate Judge Tomlinson filed a 37 Report & Recommendation ("R&R"), recommending that Plaintiff's Complaint be dismissed due to his repeated failure t o comply with court orders as well as his failure to prosecute his claim. No objections were filed. This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Tomlinson's R&R pursuant to 28 U.S.C. § 636(b)(1). Plaintiff's complaint is dismissed. The Clerk of Court is directed to close the case. SO ORDERED by Judge Margo K. Brodie, on 9/28/2012. C/mailed to pro se Plaintiff. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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Filing
6
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth above, the Plaintiff's application to proceed in forma pauperis is granted, the Complaint is sua sponte dismissed as to Nassau County, Sheriff Sposato, the County Attorney, and NCCC pursuant to 28 U.S.C. § 1915A(b). Plaintiff is granted leave to file an Amended Complaint as set forth in this Order within thirty (30) days from the date that notice of entry of this Order is served upon him. If Pl aintiff fails to file an Amended Complaint within this time period, judgment shall enter. 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 the purpose of any appeal. So Ordered by Judge Joanna Seybert on 7/20/11. C/M (Valle, Christine)
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