Smith et al v. Suffolk County Correctional Facility et al

Filing 7

ORDER DISMISSING CASE: SO ORDERED that the complaint is dismissed without prejudice. The Clerk of the Court is respectfully directed to 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 the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/3/2013. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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OSCAR SMITH,
Plaintiff,
ORDER
13-CV-2598(SJF)(WDW)

-against-

'

_..._;

SUFFOLK COUNTY CORRECTIONAL FACILITY,
VINCENT F. DEMARCO, Suffolk County Sheriff,
CHARLES EWALD, Warden,

IN CLER>· S OFFICE
US DISTRICI COURTED NY

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Defendants.

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vvl-

J 3 2013

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LONG:.· .~>;;~u OFFICE

FEUERSTEIN, District Judge:
By Order dated May 9, 2013, p1aintiff0scar Smith ("plaintiff") was ordered to show cause
in writing on or before May 23,2013 why his claims brought pursuant to 42 U.S.C. § 1983 ("Section
1983") concerning conduct alleged to have occurred in 1989 are not barred by the three-year statute
oflimitations. [Docket Entry No.4]. Plaintiff was cautioned that his failure to timely comply would
lead to the dismissal ofhis complaint without prejudice. !d. To date, plaintiffhas not complied with
the order to show cause and has not otherwise communicated with the Court. Accordingly, the
complaint is dismissed without prejudice. The Clerk of the Court is respectfully directed to 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 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.
Dated:

July 2._, 2013
Central Islip, New York

s/ Sandra J. Feuerstein

~ITED

-~J. F ERSTEIN
STA ES DISTRICT JUDGE

~NDRA