Gelsomino v. Medical and Psych Dept. at Suffolk County Corr. Facility et al
Filing
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ORDER: SO ORDERED that the complaint is sua sponte dismissed in its entirety 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 8/5/2013. (Florio, Lisa)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PETER M. GELSOMINO,
Plaintiff,
ORDER
13-CV-1433 (SJF)(WDW)
-against-
f !LED
MARTHA, Psychiatrist, and SUFFOLK COUNTY,
IN CLERrCS OFFICE
US OISTRIC: COURTED NY
Defendants.
-------------------------------------------------------------)(
FEUERSTEIN, District Judge:
I.
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LONG i
Introduction
J5Z013
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''NO OFFICE
On March II, 2013, incarcerated pro se plaintiff Peter M. Gelsomino ("plaintiff') filed a
civil rights complaint in this Court pursuant to 42 U.S.C. § 1983 ("Section 1983") against
defendants Medical and Psych Dept. at Suffolk County Corr. Facility; Martha, Psychiatrist
("Martha"); Sheriffs Department; Dept. of Correctional Services; Suffolk County, N.Y. ("the
County"); Suffolk County Dept. of Mental Health; and Suffolk County Correctional Facility
("SCCF") (collectively "defendants"), accompanied by an application to proceed in forma
pauperis. By order dated May 20,2013, plaintiffs application to proceed in forma pauperis was
granted; the complaint was sua sponte dismissed in its entirety pursuant to 28 U.S.C. §§
1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim for relief; plaintiff was granted
leave to file an amended complaint to re-plead his claims against Martha and the County on or
before June 24, 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 and judgment being entered in favor of defendants. Plaintiff has not filed an
amended complaint in accordance with the May 20, 2013 order, sought an extension of time to
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do so or taken any other steps to prosecute this action since the filing of the complaint.
Accordingly, the complaint is sua sponte dismissed in its entirety with 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 J. Feuerstein
United States District Judge
Dated: August 5, 2013
Central Islip, New York
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