Gelsomino v. Medical and Psych Dept. at Suffolk County Corr. Facility et al

Filing 12

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 -----------------------------------------------------------)( 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. * ,,vJ LONG i Introduction J5Z013 * ''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 I 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 2

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