Chiaro v. Suffolk County
||November 30, 2015
||US District Court for the Eastern District of New York
||Central Islip Office
||Gary R. Brown
||Sandra J. Feuerstein
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|April 18, 2016
ORDER: SO ORDERED that plaintiffs application to proceed in forma pauperis is granted, but the complaint is sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 1915A(b) for failure to state a claim for relief. Plain tiff is granted leave to amend his complaint provided he files an amended complaint in accordance with this Order on or before May 20, 2016. The amended complaint must either name the specific officers or medical personnel who allegedly violated his constitutional rights and/or identify some Suffolk County policy or custom responsible for his injuries. Plaintiff is advised that an amended complaint does not simply add to the original complaint, but rather once filed, an amended complaint complet ely replaces the original. Therefore, it is important for plaintiff to include all necessary information that was in the first complaint in his amended complaint. The amended complaint must be captioned as an Amended Complaint and bear the same docke t number as this Order, 15-CV-6862. No summonses shall issue at this time. If plaintiff fails to file an amended complaint within the time allowed, the complaint shall be dismissed, judgment shall enter and the case will be closed. If plaintiff files an amended complaint, the Court will review it pursuant to 28 U.S.C. § 1915(e)(2)(b) and 1915A(b). Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon plaintif f 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 and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 4/18/2016. (Florio, Lisa)
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