Purnell v. Scarglato et al
||Mark D. Cohen, Franco Frantellizzi, Lordes Martinez, John Scarglato and Donald H. Silverman
||August 19, 2015
||US District Court for the Eastern District of New York
||Central Islip Office
||Joseph F. Bianco
||Arlene R. Lindsay
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||28:1983 Civil Rights
|Jury Demanded By:
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|February 27, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the Court adopts the R&R in its entirety. Accordingly, defendant Martinez's motion to dismiss (ECF No. 22) is granted in its entirety, and plaintiffs claims against defendant M artinez are dismissed. Plaintiff is denied leave to re-plead because the defects in his amended complaint are substantive and any attempt to replead would be futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Court certifies pursuan t 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.. Ordered by Judge Joseph F. Bianco on 2/27/2017. (Bollbach, Jean)cm by chambers to pro se by fcm on 2/28/17
|January 4, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS : Accordingly, it is hereby ordered that defendant Martinez's motion to dismiss (ECF No. 22) is granted in its entirety, and plaintiffs claims against defendant Martinez are dismissed. TheCourt 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. Ordered by Judge Joseph F. Bianco on 1/4/2017. (Bollbach, Jean)
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