Cruz v. DeMarco et al

Filing 7

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. Plaintiff in this action shall become part of the putative class in Butler (11-CV-2602); Any claims in the instant Complaint that are not included in the Consolidat ed Amended Complaint in Butler shall be severed; Plaintiff shall be represented by pro bono counsel, Shearman & Sterling LLP. If Plaintiff does not wish to proceed as part of the Consolidated Action he must so indicate in a letter to the Court withi n 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. The Clerk of the Court is directed to mail a copy of this Order, the Order of Consolidation, and the Consolidated Amended Complaint to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 1/14/13. Attachments: # 1 Order of Consolidation; # 2 Consolidated Amended Complaint. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
MARIO CRUZ,
Plaintiff,

ORDER
12-CV-6361 (JS)(GRB)

-againstVINCENT F. DeMARCO, Sheriff,
SUFFOLK COUNTY CORRECTIONAL
FACILITY, and MEDICAL STAFF ALL
AT SUFFOLK COUNTY CORRECTIONAL
FACILITY,
Defendants.
----------------------------------X
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.
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.

1

Plaintiff in this action shall become
putative class in Butler (11-CV-2602);

Plaintiff shall be represented by pro bono counsel,
Shearman & Sterling LLP.1

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

part

of

the

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

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

January 14, 2013
Central Islip, New York

Counsel’s telephone number is: [phone].