Russell v. County of Suffolk Police Dept. et al
| Dennis Russell |
| Brookhaven Hospital, Suffolk County, Officer Frederick Yopp, County of Suffolk Police Dept. and Officer Christopher Quitoni |
| 2:2013cv01190 |
| February 28, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
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MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED. Plaintiff's Second Complaint is construed as an Amended Compla int under Docket No. 13- CV-0626 and the Clerk of Court is directed to CLOSE the case assigned Docket No. 13-CV-1190. All further docket entries shall be made in the first filed case, 13-CV-0626. The Amended Complaint is sua sponte DISMISSED with pre judice for failure to state a claim pursuant to 28 U.S.C. §§ 1915 (e) (2) (B) (ii)-(iii) and 1915A(b) (1)-(2) as against the Suffolk County Police Department and without prejudice as against the County of Suffolk. Plaintiff's claims ag ainst Brookhaven Hospital and Officers Yopp and Quitoni shall proceed and the Clerk of the Court is directed to forward copies of the Summons, the Amended Complaint, and this Order to the United States Marshals Service for service upon these Defendan ts. Plaintiff may amend his Amended Complaint as set forth herein to include any claims he may have against any particular individuals working at the Brookhaven Hospital. Any Amended Complaint shall be filed within thirty (30) days from the date of t his Order. 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 4/18/2013. C/M (Valle, Christine)
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