Martinez v. DeMarco et al

Filing 8

ORDER - Pursuant to the Court's January 23, 2012 Order of Consolidation, the Court has reviewed the instant Complaint and finds that it relates to the subject matter of the Consolidated Action, Butler, et al. v. DeMarco, et al., 11-cv-2602 ( JS)(GRB). Accordingly, this action shall be consolidated with the Consolidated Action. A copy of the Order of Consolidation and the operative complaint in Butler--the Consolidated Amended Complaint--are annexed to this Order. If Plaintiff does not wi sh to proceed as part of the Consolidated Action he must so indicate in a letter to the Court within thirty (30) days of receiving a copy of this Order. Upon receipt of such a letter, the Court will direct the Clerk of the Court to sever this Complai nt from the Consolidated Amended Complaint and reopen and reinstate his individual pro se action. 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 paup eris status is denied for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order, the Order of Consolidation, and the Consolidated Amended to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 12/5/12. Attachments: # 1 Consolidation Order; # 2 Consolidated Amended Complaint. C/M (Valle, Christine)

FILED 
CLERK 

12/5/2012 2:23 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
SABAS MARTINEZ,
Plaintiff,

ORDER
12-CV-5000 (JS)(GRB)

-againstVINCENT F. DeMARCO, Individually
and in his official capacity as
Sheriff of Suffolk County, and
CHARLES EWALD, Superintendent of
Suffolk County Jails,

Defendants.
----------------------------------X
APPEARANCES:
Plaintiff
Sabas Martinez, Pro Se
308488
Suffolk County Correctional Facility
110 Center Drive
Riverhead, NY 11901
Defendants:

No Appearances.

SEYBERT, District Judge:
Pursuant

to

the

Court’s

January

23,

2012

Order

of

Consolidation, the Court has reviewed the instant Complaint and
finds that it relates to the subject matter of the Consolidated
Action, Butler, et al. v. DeMarco, et al., 11-CV-2602 (JS)(GRB).
Accordingly,

this

action

shall

be

consolidated

with

the

Consolidated Action. This affects Plaintiff in the following ways:
1.

Plaintiff

in

this

action

shall

become

part

of

the

putative class in Butler (11-CV-2602);
2.

Any claims in the instant Complaint that are not included
in the Consolidated Amended Complaint in Butler shall be
severed (See Order of Consolidation at 17 (describing the

process for proceeding with any severed claims after the
resolution of the Consolidated Action)); and
3.

Plaintiff shall be represented by pro bono counsel,
Shearman & Sterling LLP.1
A copy of the Order of Consolidation and the operative

complaint

in

Butler–-the

Consolidated

Amended

Complaint–-are

annexed to this Order.
If Plaintiff does not wish to proceed as part of the
Consolidated Action he must so indicate in a letter to the Court
within thirty (30) days of receiving a copy of this Order.

Upon

receipt of such a letter, the Court will direct the Clerk of the
Court

to

sever

this

Complaint

from

the

Consolidated

Amended

Complaint and reopen and reinstate his individual pro se action.
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.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is directed to mail a copy of this
Order, the Order of Consolidation, and the Consolidated Amended

1

Counsel’s mailing address is:
Lynch v. DeMarco Case Team
c/o Shearman & Sterling LLP
599 Lexington Avenue
New York, NY 10022

Counsel’s telephone number is: [phone].

Complaint to the pro se Plaintiff at his last known address.

SO ORDERED.
/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:

December 5, 2012
Central Islip, New York