Rodriguez v. Nassau County Correction Facility
| Jose Rodriguez |
| Nassau County Correction Facility |
| 2:2017cv05099 |
| August 28, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
13
MEMORANDUM AND ORDER; In an abundance of caution and given Plaintiff's pro se status, Plaintiff is afforded one final opportunity to file a Second Amended Complaint in accordance with the guidance set forth in the M&O within thirty (30) days fr om the date of 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 good 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 Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/10/2019. C/M (Valle, Christine)
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Filing
11
MEMORANDUM AND ORDER - For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED, however the April Complaint, Docket No. 18-CV-2453, is sua sponte DISMISSED WITH PREJUDICE as against the Jail for failure t o state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). The April Complaint, Docket No. 18-CV-2453, is CONSOLIDATED with the December 2017 Amended Complaint filed under Docket No. 17-CV-5099 and is DISMISSED WITHOUT PREJUD ICE as against the individual Defendants for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiff is GRANTED LEAVE TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER WITHIN THIRTY (30) DAYS FR OM THE DATE AT THE BOTTOM OF THIS PAGE. 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 Docket No. 18-CV-2453 and to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/28/2018. C/M (Valle, Christine)
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Filing
7
MEMORANDUM & ORDER granting 4 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 a gainst the Jail and WITHOUT PREJUDICE as against the Sheriff for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiff is GRANTED LEAVE TO FILE AN AMENDED COMPLAINT within thirty (30) days from the date of this M&O. 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 further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 11/30/2017. C/M (Valle, Christine)
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| Defendant: Nassau County Correction Facility | |
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| Plaintiff: Jose Rodriguez | |
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