Evans v. Demarco

Evans v. Demarco

Plaintiff:	Edward L. Evans
Defendant:	Vincent F. Demarco
Case Number:	2:2011cv05666
Filed:	November 17, 2011
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	E. Thomas Boyle
Presiding Judge:	Sandra J. Feuerstein
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 6, 2011	Filing 6 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs claims against DeMarco are dismissed with prejudice pursuant to 28 U.S.C. §§ 1915 and 1915A for failure to state a claim unless the plaintiff file s an Amended Complaint alleging the personal involvement of DeMarco in the alleged constitutional deprivations within thirty (30) days from the date this Order is served upon him, and it is further, ORDERED that plaintiffs deliberate indifference cla ims are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915 and 1915A, for failure to state a claim unless the plaintiff files an Amended Complaint in accordance with this Order within thirty (30) days from the date this Order is served upon him. 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. CM to pro se plaintiff on 12/7/2011. Ordered by Judge Sandra J. Feuerstein on 12/6/2011. (Glueckert, Lisa)

Date Filed

Document Text

December 6, 2011

Filing 6 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs claims against DeMarco are dismissed with prejudice pursuant to 28 U.S.C. §§ 1915 and 1915A for failure to state a claim unless the plaintiff file s an Amended Complaint alleging the personal involvement of DeMarco in the alleged constitutional deprivations within thirty (30) days from the date this Order is served upon him, and it is further, ORDERED that plaintiffs deliberate indifference cla ims are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915 and 1915A, for failure to state a claim unless the plaintiff files an Amended Complaint in accordance with this Order within thirty (30) days from the date this Order is served upon him. 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. CM to pro se plaintiff on 12/7/2011. Ordered by Judge Sandra J. Feuerstein on 12/6/2011. (Glueckert, Lisa)

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Defendant: Vincent F. Demarco
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Plaintiff: Edward L. Evans
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