Pemberton v. Frantellizzi et al

Filing 7

ORDER: SO ORDERED that the complaint is sua sponte dismissed with prejudice. The Clerk of the Court shall enter judgment in favor of defts and close this case. 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 purpose of an appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/29/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ROBERTT.PEMBERTON, #212517 ,
Plaintiff,

ORDER
12-CV-5697 (SJF)(WDW)

-againstFRANCO FRANTELLIZZI, MARIO CASTANO,
WILLIAM P. VASQUEZ, MATTHEW DINIZIO,
WARDEN CHARLES EWALD,
Defendants.

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FlLEO
IN CLERK S OFFICE
US DISTRICT COURT E 0 N y

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v0L 2 9 2013

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LONG ISLAND OFFICE

FEUERSTEIN, District Judge:
I.

Introduction
On November 15,2012, incarcerated prose plaintiff Robert T. Pemberton ("plaintiff')

filed a civil rights complaint in this Court pursuant to 42 U.S. C. § 1983 ("Section 1983") against
defendants Franco Frantellizzi, Mario Castano, William P. Vasquez, Matthew Dinizio and
Charles Ewald ("Ewald"), as warden of the Suffolk County Correctional Facility, (collectively
"defendants"), accompanied by an application to proceed in forma pauperis. By order dated
January 22,2013, plaintiffs application to proceed in forma pauperis was granted; the complaint
was sua sponte dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l) for failure
to state a claim for relief; plaintiff was granted leave to file an amended complaint on or before
February 25, 2013; and plaintiff was advised that his failure to file an amended complaint in
accordance with that order would result in the complaint being deemed dismissed in its entirety
with prejudice. Plaintiff has not filed an amended complaint in accordance with the January 22,
2013 order, sought an extension of time to do so or taken any other steps to prosecute this action
since the filing of the complaint. Accordingly, the complaint is sua sponte dismissed with
I

prejudice. The Clerk of the Court shall enter judgment in favor of defendants and close this case.
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 purpose of
an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

s/ Sandra J. Feuerstein
Sandra Ueuerstein
United States District Judge

Dated: July 29,2013
Central Islip, New York

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