Campbell v. Sposato et al
| Sandino Campbell |
| Joe Boniface, John Doe's and Sposato |
| 2:2015cv00871 |
| February 12, 2015 |
| 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 Civil Rights Act |
| Plaintiff |
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Filing
34
OPINION and ORDER denying 29 Motion to Amend; For the reasons set forth above, plaintiffs motion to amend his complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure is denied; defendants application to dismiss plaintiffs clai ms in their entirety is granted; and plaintiffs claims are dismissed in their entirety with prejudice as moot. The Clerk of the Court shall enter judgment in favor of defendants; close this case; and, pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, serve notice of entry of this order 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 an d therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed.2d 21 (1962). So Ordered by Judge Sandra J. Feuerstein on 4/11/2016. c/m pro se pltff; c/ecf Judgment Clerk. (Coleman, Laurie) Modified on 4/11/2016 to note c/ecf Judgment Clerk. (Coleman, Laurie).
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Filing
7
OPINION & ORDER: SO ORDERED that plaintiffs application to proceed in forma pauperis is granted and plaintiffs Section 1983 claims against Sheriff Sposato are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) an d 1915A(b)(1), unless plaintiff files an amended complaint in accordance with this Order on or before June 1, 2015. The amended complaint must be captioned as an Amended Complaint and bear the same docket number as this order. The Clerk of the Court shall serve copies of the complaint and this order on the Nassau County Attorney, who shall attempt to ascertain the full names and service address(es) of the John Doe defts described in the complaint and provide that information to the Court and pla intiff within thirty (30) days from the date that this Order is served upon him. Once the information is provided to the Court by the Nassau County Attorney, plaintiffs complaint shall be deemed amended to reflect the full names of the John Doe defen dants; 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 28, 2015 upon those defts. In addition, the Clerk of the Court shall: (1) forward copies of th e summons, the complaint, this order and the Notice of Hearing dated April 28, 2015 to the USMS for service upon Cpl. Boniface without prepayment of fees; and (2) serve plaintiff with (a) notice of entry of this order in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and (b) a copy of the Notice of Hearing dated April 28, 2015, 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 Nassau County Attorney. Ordered by Judge Sandra J. Feuerstein on 4/28/2015. (Florio, Lisa)
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