Lawrence v. Suffolk County et al

Filing 16

ORDER: SO ORDERED that since plaintiff has not filed an amended complaint in accordance with the May 28, 2013 and July 11, 2013 orders, nor sought an additional extension of time to do so, his claims against the County and Sheriff Demarco are sua sp onte dismissed in their entirety with prejudice. 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 10/23/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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LASHA WN LAWRENCE,

Plaintiff,

ORDER
-against-

13-CV-1743 (SJF)(AKT)

SUFFOLK COUNTY, SHERIFF VINCENT
DEMARCO, CORRECTIONS OFFICER
THOMAS SHARKEY and CORRECTIONS
OFFICER MICHAEL McCORMACK,
Defendants.

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FEUERSTEIN, District Judge:

I.

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N Y

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OCT 2 3 2013

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LONG ISLAND OFFICE

Introduction
On April2, 2013, incarcerated prose plaintiffLashawn Lawrence ("plaintiff'') filed a

civil rights complaint in this Court pursuant to 42 U.S.C. § 1983 ("Section 1983") against
defendants Suffolk County ("the County"), Sheriff Vincent Demarco ("Sheriff Demarco") and
Corrections Officers Thomas Sharkey and Michael McCormack (collectively, "the individual
defendants"), accompanied by an application to proceed in forma pauperis. By order dated May
28,2013, inter alia, plaintiffs application to proceed in forma pauperis was granted; plaintiff's
claims against the County and Sheriff Demarco were sua sponte dismissed in their entirety
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 to re-plead his claims against the
County and Sheriff Demarco on or before July 3, 2013; and plaintiff was advised that his failure
to file an amended complaint in accordance with that order would result in his claims against the
County and Sheriff Demarco being deemed dismissed in their entirety with prejudice and
judgment being entered in favor of those defendants.

On or about June 24, 2013, plaintiff filed an application seeking an extension of time to
file an amended complaint in accordance with the May 28, 2013 order. By order dated July II,
2013, plaintiffs application was granted, the time for plaintiff to file an amended complaint in
accordance with the May 28, 2013 order was extended until August 5, 2013 and plaintiff was
advised that his failure to file an amended complaint in accordance with the May 28, 2013 order
on or before August 5, 2013 would result in his claims against the County and Sheriff Demarco
being deemed dismissed with prejudice.
Since plaintiff has not filed an amended complaint in accordance with the May 28, 2013
and July II, 2013 orders, nor sought an additional extension of time to do so, his claims against
the County and Sheriff Demarco are sua sponte dismissed in their entirety with prejudice.
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. Fe~erstein
United States District Judge

Dated: October 23, 2013
Central Islip, New York