Herrera v. Nassau County Sheriffs Department Correctional Center

Filing 4

ORDER It is hereby Ordered to refrain from submitting any discovery materials, including any additional samples or specimen of any kind to the Court, unless filed in connection with a motion made pursuant to Rules 26 through 37 of the Federal Rules o f Civil Procedure and necessary to the decisional process. Any violation of this Order may result in sanctions being imposed pursuant to Rule 16(f)(1)(C) of the Federal Rules of Civil Procedure, including, inter alia, dismissing plaintiff's acti on in its entirety with prejudice; and it is further ORDERED that pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this Order to plaintiff's address of record pursuant to Rule 5(b)(2)(C). 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. So Ordered. Ordered by Judge Sandra J. Feuerstein on 4/18/2013. (c/m to pro se plaintiff on 4/19/2013.) (Padilla, Kristin)

PI biD

Us

IN CLEFlK'S Of'l'leE
DISTRICT COURT E.D N y

*
* ISLAND OFFICE
LONG
APR 1 8 Z013

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

X

~------------------------------------------------------NELSON HERRERA,
Plaintiff,

ORDER
13-cv-1637 (SJF)(WDW)

-againstNASSAU COUNTY SHERIFFS
DEPARTMENT CORRECTIONAL CENTER,
Defendant.

--------------------------------------------------------X
FEUERSTEIN, District Judge:
This Court has received a purported "sample" of the conditions allegedly existing at the
Nassau County Correctional Center ("NCCC") from plaintiff. The Court does not have the
ability to store and preserve this purported evidence; nor is the Court obligated to test or examine
it in any way. Moreover, parties are not entitled to submit any discovery materials to the Court at
this stage of the litigation. See Rule 5.1 ofthe Local Civil Rules of the United States District
Courts for the Southern and Eastern Districts of New York ("Local Civil Rule 5 .I") and the
Committee Note to Local Civil Rule 5.1 ("The Committee believes that Local Civil Rule 5.1
continues to serve a very useful purpose by making clear that only those discovery materials that
are necessary to the decisional process should be filed in connection with a motion or
application [pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure]."
(emphasis added)). Accordingly, plaintiff is hereby,
ORDERED to refrain from submitting any discovery materials, including any additional
samples or specimen of any kind to the Court, unless filed in connection with a motion made
pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure and necessary to the
decisional process. Any violation of this order may result in sanctions being imposed pursuant to

Rule 16(f)(l)(C) of the Federal Rules of Civil Procedure, including, inter alia, dismissing
plaintiff's action in its entirety with prejudice; and it is further,
ORDERED that pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the
Clerk of the Court shall serve notice of entry of this order upon all parties in accordance with
Rule S(b) ofthe Federal Rules of Civil Procedure, including mailing a copy of this order to
plaintiffs address of record pursuant to Rule 5(b)(2)(C).
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).

SO ORDERED.

/s/ Sandra J. Feuerstein

Dated: Apri118, 2013
Central Islip, New york

SANDRA J. ~E::ti<Sd
,United States strict Judge