Edwards v. Armor Correctional Health Service et al
| Richard Edwards |
| Armor Correctional Health Service, Nassau County Sheriff Dept. and Dr. Carl Sanchez |
| 2:2015cv04791 |
| August 10, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
8
MEMORANDUM & ORDER - The Court consolidates these cases under the first-filed Complaint, 15-CV- 4791(JS)(ARL), and DIRECTS that the case assigned docket number 16-CV-2289(JS)(ARL) be CLOSED. All future filings shall be made only under docket nu mber 15-CV-4791(JS)(ARL). Given that the Court's M&O granted Plaintiff in forma pauperis status, the application recently filed with Edwards II is not necessary and is thus DENIED AS MOOT. Given the procedural history set forth above, the Court construes Edward II as an Amended Complaint and will accept it even though it is untimely filed. However, because Edwards II is nearly identical to Edwards I, and fails to correct any of the deficiencies noted in the M&O, it too is sua sponte DISMI SSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1) for the reasons set forth in the M&O. Given the dismissal of Edwards II, the application for the appointment of pro bono counsel is DENIED AS MOOT. 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. The Clerk of the Court is directed to CLOSE this case and to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 5/18/2016. C/M (Valle, Christine)
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Filing
6
MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED, however the Complaint is sua sponte DISMISSED WITH PREJUDICE as aga inst the NCSD for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE against the remaining Defendants for failure to state a claim pursuant to 28 U.S.C . §§ 1915(e)(2)(B)(ii), 1915A(b)(1). However, Plaintiff is GRANTED LEAVE TO AMEND his Complaint in accordance with this Order. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in goo d faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 12/14/2015. C/M (Valle, Christine)
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