Lawrence v. Suffolk County et al
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|Date Filed||#||Document Text|
|October 23, 2013
ORDER: SO ORDERED that since plaintiff has not filed an amended complaint in accordance with the May 28, 2013 and July 11, 2013 orders, nor sought an additional extension of time to do so, his claims against the County and Sheriff Demarco are sua sp onte dismissed in their entirety with prejudice. 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 10/23/2013. (Florio, Lisa)
|May 28, 2013
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs application to proceed in forma pauperis is granted; the complaint is sua sponte dismissed in its entirety without prejudice as against the County and Sheri ff DeMarco pursuant to 28 U.S.C. §§ I 91 5(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim for relief, provided that plaintiff file an amended complaint in accordance with this order on or before July 3, 2013, or the complaint wil l be deemed dismissed in its entirety with prejudice as against the County and Sheriff DeMarco and judgment shall enter in favor of the County and Sheriff DeMarco. The Clerk of the Court shall send a copy of the complaint and this Order to the Suffol k County Attorney and the Suffolk County Attorney shall attempt to ascertain the full name and service address of the "John Doe" officer involved in the incident described in the Complaint and to produce such information to the Court within two (2) weeks from the date that this Order is served upon him. Once the information is provided by the Suffolk County Attorney, plaintiff's complaint shall be deemed amended to reflect the full name of the "John Doe" officer, a summons shall be issued and the United States Marshal Service shall serve that deft. CM to pro se plaintiff and suffolk county attorney. Ordered by Judge Sandra J. Feuerstein on 5/28/2013. (Florio, Lisa)
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