Ellerbe v. Nassau County Correctional Facility et al
| Ta'Maar Ellerbe |
| Warden John Doe, Nassau County Correctional Facility, Officer Donald, Corporal Giggogley, Officer Gross, Officer Incammicia, Superintendent John Doe and Sheriff Michael Svosato |
| 2:2013cv00797 |
| February 6, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Sandra J. Feuerstein |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
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ORDER: SO ORDERED that the complaint is dismissed with prejudice pursuant to Rules 37(b)(2)(A)(v) and 41(b) of the Federal Ru1es of Civil Procedure. Pursuant to Rule 77(d)(l) of the Federal Ru1es of Civil Procedure, the Clerk of the Court is directed to serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 11/6/2013. (Florio, Lisa)
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Filing
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ORDER: SO ORDERED that plaintiff is directed to file an affidavit on or before November 4, 2013 providing the Court with a new address and telephone number at which he can be contacted during the course of this litigation. PLAINTIFF IS ADVISED THAT HIS FAILURE TO COMPLY WITH THIS ORDER, OR TO TAKE ANY STEPS TO PROSECUTE THIS ACTION, WILL RESULT IN THIS ACTION BEING DISMISSED WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 4l(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Plaintiffs time to fil e an amended complaint in accordance with the May 15, 2013 order is extended until November 4, 2013. Should plaintiff file an affidavit providing the Court with new contact information in accordance with this Order, plaintiff is advised that his clai ms against Sposato, the Warden and the Superintendent, as well as his claims as constructed to be against the County, will nonetheless be dismissed with prejudice, and judgment will be entered in favor of those defts, if he fails to file an amended complaint in accordance with the May 15, 2013 order on or before November 4. 2013. The Clerk of the Court is directed to serve notice of entry of this order upon all parties in accordance with Rule S(b) of the Federal Rules of Civil Procedure. The Co urt 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 10/2/2013. (Florio, Lisa)
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