Miller v. Sposato et al
| Daniel Miller |
| Hesse, Thomas Beilein and Michael J. Sposato |
| 2:2014cv03823 |
| June 18, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
6
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma. For the foregoing reasons, the Complaint is DISMISSED WITHOUT PREJUDICE. However, Plaintiff is GRANTED leave to file an amended complaint that corrects the pleading deficiencie s against Defendants or attempts to state claims against the NCCC staff members Plaintiff claims have violated his constitutional rights.Additionally, Plaintiff may, if appropriate, seek injunctive or other necessary relief against individual NCCC st aff members and other appropriate defendants. If Plaintiff chooses to do so, he must file an amended pleading within thirty (30) days of the date of this Memorandum and Order. Given Plaintiffs pro se status, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and thereforein forma pauperis status is DENIED for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. (Ordered by Judge Joanna Seybert on 6/20/2014.) c/m c/ecf (Fagan, Linda)
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