France v. Nassau County Jail et al
| Mr. Sidney France |
| Nassau County Jail Officers and Nassau County Jail |
| 2:2014cv02547 |
| April 21, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Sandra J. Feuerstein |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
11
CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that plaintiffs Section 1983 claims are dismissed with prejudice; that any state law claims are dismissed without prejudice; that this case is hereby closed; and that in forma pauperis status for the purpose of any appeal is denied. CM with appeal packet to pro se plaintiff. (Florio, Lisa)
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Filing
7
MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs application to proceed in forma pauperis is granted; the claims against the Jail are sua sponte dismissed in their entirety with prejudice purs uant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim for relief; the Section 1983 claims against the Jail Officers, and as construed to be against the County, are sua sponte dismissed in their entirety without prejudice pursuant to 28 U.S.C. §§ 1915(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 June 9, 2014, or the claims against the Jail Officers, and as construed to be against the County, will be deemed dismissed in their entirety with prejudice; and any state law claims asserted in the complaint are dismissed in their entirety without prejudice pursuant to 28 U.S.C. § 1367(c)(3), unless plaintiff files an amended complaint pleading a viable federal claim against defts in accordance with this Order. The Clerk of the Court shall serve notice of entry of this Order upon plaintiff in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and record such service on the docket. 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 5/6/2014. (Florio, Lisa)
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