Lashley v. Sposato et al
| Sharon Lashley |
| Correction Officer Gross, Sergeat Morrone, Corporal O'hea and Michael Sposato |
| 2:2013cv06343 |
| November 13, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| William D. Wall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
57
ORDER granting in part and denying in part 47 Motion to Amend/Correct/Supplement. For the reasons set forth in the attached Order and Report and Recommendation, Plaintiffs motion for leave to file her Proposed Amended Complaint is granted in part and should be denied in part. The motion is granted insofar as the Proposed Amended Complaint may be filed including Plaintiffs First Claim, Second Claim and Third Claim. The Court further recommends that the motion be denied as to Plaintiffs Fourth Claim, Fifth Claim, Sixth Claim and Seventh Claim, and to the extent it asserts claims against Sherriff Michael Sposato. Ordered by Magistrate Judge Steven I. Locke on 2/2/2016. (Walsh, Kenneth)
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Filing
15
MEMORANDUM AND ORDER: SO ORDERED that for the reasons set forth in the January 30, 2014 Order, plaintiffs claims against Sheriff Sposato are dismissed with prejudice. Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court shall 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 the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 3/31/2014. (Florio, Lisa)
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Filing
10
MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's claim seeking to have all defts suspended without pay for a period of thirty (30) days is sua sponte dismissed as moot; plaintiff's claim seeking to be transferred to Rikers Island is sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim for relief; plaintiff's Section 1983 claims against Sheriff Sposato are sua sponte dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915 A (b)(1) for failure to state a claim for relief; and plaintiff is granted leave to amend her complaint in accordance with this Order, provided she file such amended comp laint on or before March 3, 2014. The Clerk of the Court shall: (1) forward copies of the summonses, the complaint, this Memorandum and Order and the Notice of Hearing dated January 28, 2014 to the United States Marshal Service for service upon the r emaining defts forthwith; and, (2) pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve notice of entry of this order upon plaintiff in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. The Court certifies pursuan t 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. Michael Sposato (Sheriff of Nassau County Correctional Center) terminated. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/30/2014. (Florio, Lisa)
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