Thomas v. NYPD et al

Filing 8

ORDER. My 6 order directing Thomas to file an amended complaint was returned to this Court by the United States Post Service as "return to sender." However, according to the New York City Department of Corrections Inmate Lookup System, T homas is currently being held at the Anna M. Kross Correctional Facility. In light of his pro se status, the Clerk of Court is respectfully directed to re-send to my 6 order dated February 4, 2013, along with a copy of this order, to Thomas at his new address and to note his new address on the docket. Thomas has an additional 30 days from the date this order is entered to file an amended complaint as set forth in my prior order. Ordered by Judge John Gleeson on 3/13/2013. (O'Reilly, Helen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------x

NOT FOR PUBLICATION

ROODY THOMAS,
Plaintiff,

MEMORANDUM
AND ORDER

-against12-CV-6327 (JG) (LB)
N.Y.P.D.; DOC N.Y.C.; Rikers Island (C95/C73);
Correction Officers,
Defendants.
---------------------------------------------------------------x
JOHN GLEESON, United States District Judge:
On December 27, 2012, plaintiff Roody Thomas, then incarcerated at the MidHudson Forensic Psychiatric Center, commenced this pro se action pursuant to 42 U.S.C. §
1983. Thomas sought damages on account of physical abuse, mental pain and anguish and
emotional distress caused by an alleged assault by a number of correction officers. Compl. at 4.
Thomas did not provide the date or the location of the assault, but referred to having spoken to
“Internal Affairs in 2008.” Id. On February 4, 2013, I granted Thomas’s request to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915 and directed him to file an amended complaint
within 30 days.
My order directing Thomas to file an amended complaint was mailed to Thomas’s
last known address at Mid-Hudson Forensic Psychiatric Center in New Hampton, New York;
however, on February 21, 2013, the order was returned to the Court by the United States Postal
Service as “Return to Sender.” See Docket Entry # 7. Thomas has not contacted the Court with
a new address. However, according to the New York City Department of Correction’s Inmate
Lookup System, Thomas was arrested on February 25, 2013 and is currently being held at the
Anna M. Kross Correctional Facility. See
http://a073-ils-web.nyc.gov/inmatelookup/ils/pages/common/find.jsf. (last visited March 12,

2013).
In light of Thomas’s pro se status, the Clerk of Court is respectfully directed to
re-send my order dated February 4, 2013, along with a copy of this order, to Thomas at his new
address and to note his new address on the docket:
Roody Thomas, #8951300276
Anna M. Kross Correctional Facility
18-18 Hazen Street
East Elmhurst, New York 11370
Thomas has an additional 30 days from the date this order is entered to file an
amended complaint as set forth in my prior order. If Thomas elects to file an amended
complaint, that submission should be captioned “AMENDED COMPLAINT’ and bear the same
docket number as this order, 12-CV-6327 (JG)(LB). If Thomas fails to file an amended
complaint within the additional 30 days provided, judgment shall enter dismissing this action in
its entirety for the reasons set forth in my order dated February 4, 2013. Should Thomas be
released and his address change, he must notify the Court in writing.
I certify 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 an
appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
So ordered.
JOHN GLEESON, U.S.D.J.
Dated: Brooklyn, New York
March 13, 2013

2