Johnakin v. NYC Dept. of Corrections et al

Filing 26

ORDER dated 7/17/14 that more than a half a year has passed since this Court issued the prior M&O, but plaintiff hes yet to file an amended complaint. The Clerk of Court is directed to enter judgment against plaintiff and in favor of defendant and to close this case. ( Ordered by Judge Sandra L. Townes on 4/17/2014 ) c/m to plaintiff by Chambers. (Guzzi, Roseann)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------x
WILLIAM JOHN AKIN,
Plaintiff,

ORDER

- against11-CV-4807 (SLT)(LB)
NYC DEPT. OF CORRECTIONS, et al.,
Defendants.

-------------------------------------------------------------x
TOWNES, United States District Judge:
In September 2011, plaintiff William Johnakin, a former inmate of the Anna M. Kross
Center ("AMKC") on Rikers Island, commenced this prose action pursuant to 42 U.S.C. § 1983,
alleging that defendants-the City of New York; its Department of Correction ("DOC"); DOC
Commissioner Dora B. Schriro; DOC Inspector General, Robert Gigante; and AMKC Warden
Robert A. Cripps-were deliberately indifferent to unconstitutional conditions of confinement
and to Plaintiffs serious medical needs. Defendants subsequently moved to dismiss Plaintiffs
complaint on the grounds that Plaintiff failed (1) to exhaust his administrative remedies as
required by the Prison Litigation Reform Act ("PLRA"); (2) to state a deliberate indifference
claim; (3) to allege that the individual defendants were personally involved in violations of
Plaintiffs rights under the United States Constitution or federal law; and (4) to allege municipal
liability.
In a memorandum and order dated September 30, 2013 (the "Prior M&O"), this Court
granted defendants' motion to dismiss the complaint, but granted plaintiff leave to amend his
pleading with respect to his claim that DOC personnel were deliberately indifferent to his serious
medical needs in allowing Plaintiff to be exposed to friable asbestos. Johnakin v. NYC Dept. of

Corrections, No. 11-CV-4807 (SLT)(LB), 2013 WL 5519998 (E.D.N.Y. Sept. 30, 2013).
This Court directed that the amended complaint, if any, be filed within 30 days of the date of the
Prior M&O-that is, by October 30, 2013. Id. at *18. The Prior M&O also contained this

warning: "If Plaintiff fails to file his amended complaint within the time allowed, this Court may
enter a judgment dismissing this action." Id.
More than a half a year has passed since this Court issued the Prior M&O, but plaintiff
has yet to file an amended complaint. Accordingly, the Clerk of Court is directed to enter
judgment against plaintiff and in favor of defendant and to close this case.
SO ORDERED.

/s/(SLT)

/SANDRA i~ TOWNE~

11,

Dated: April
2014
Brooklyn, New York

United States District Judge