McAvoy v. Demarco et al
||Shawn K McAvoy
||Demarco, Several Suffolk County Deputies and Suffolk County Correctional Facilities
||October 22, 2014
||US District Court for the Eastern District of New York
||Central Islip Office
||Sandra J. Feuerstein
||A. Kathleen Tomlinson
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Civil Rights Act
|Jury Demanded By:
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|October 1, 2015
ORDER: SO ORDERED that for the reasons stated herein and in the Report, this case is dismissed with prejudice unless plaintiff files a motion seeking leave to reopen the case, and providing the Court with his current address. on or before March 31. 2016. The Clerk of the Court shall close this case and serve notice of entry of this Order upon plaintiff by mailing a copy of this Order to his last known address at 4235 Deephole Drive, Mattituck, New York 11952. CM to pro se plaintiff with notice of change of address to the address on the docket and 4235 Deephole Drive, Mattituck, NY 11952. Ordered by Judge Sandra J. Feuerstein on 10/1/2015. (Florio, Lisa)
|April 16, 2015
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiff's application to proceed in forma pauperis is granted; plaintiff's Section 1983 claims against the Jail are sua sponte dismissed with prejudice pur suant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l); and plaintiff's Section 1983 claims against Sheriff DeMarco, and as construed to be against the County, are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l), unless plaintiff files an amended complaint in accordance with this Order on or before May 18, 2015. The amended complaint must be captioned as an "Amended Complaint" and bear the same docket number as th is order. The Clerk of the Court is directed to serve copies of the complaint and this order on the Suffolk County Attorney, who shall attempt to ascertain the full names and service address(es) of the "John Doe" defts described in the comp laint and provide that information to the Court and plaintiff within thirty (30) days from the date that this Order is served upon him. Once the information is provided to the Court by the Suffolk County Attorney, plaintiff's complaint shall be deemed amended to reflect the full names of the "John Doe" defts; summonses shall be issued as to those defts; and the USMS shall serve the summonses, the complaint, this Order and the Notice of Hearing dated April 16, 2015 upon those defts . 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. In addition, the Clerk of the Court shall serve a copy of the Notice of Hearing dated April 16, 20 15 upon plaintiff and record such service upon 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. CM with a copy of the complaint to the Suffolk County Attorney. Ordered by Judge Sandra J. Feuerstein on 4/16/2015. (Florio, Lisa)
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