McKenzie v. Suffolk County Correctional Facility et al

Filing 8

ORDER DISMISSING CASE: SO ORDERED that Plaintiff's Complaint is dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41 (b). The Court certifies pursuantto 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 bu Judge Bianco's chambers. Ordered by Judge Joseph F. Bianco on 7/2/2013. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JUSTIN MCKENZIE,

Plaintiff,
ORDER
13-CV-2633 (JFB)(GRB)

-againstSUFFOLK COUNTY CORRECTIONAL FACILITY,
VINCENT F. DEMARCO, Suffolk County Sheriff,
CHARLES EWALD, Warden,
Defendants.

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FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N y

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JUL J2 2013

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LONG , · ; 'IU OFFICE

BIANCO, District Judge:
On April24, 2013, the Court received a pro se complaint naming eight individual plaintiffs,
all of whom, at the time of filing, were incarcerated at the Suffolk County Correctional Facility. By
Order to Show Cause (the "Order") dated May 13, 2013 the Court dismissed all plaintiffs with the
exception of Justin McKenzie ("McKenzie"), because the allegations in the Complaint were limited
to McKenzie, the complaint was signed only by McKenzie and he was the only one who submitted
an in forma pauperis application in the case. Since McKenzie did not submit the required Prisoner
Authorization form at the time he filed his Complaint, the Order also instructed him to submit his
PLRA within two weeks of the date of the Order.
To date, Plaintiff has not responded to the Order or otherwise communicated with the Court.
Accordingly, Plaintiffs Complaint is dismissed without prejudice for failure to prosecute pursuant
to Federal Rule of Civil Procedure 41 (b).
The Court certifies pursuantto 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).
SOQRDERED.

rs...t.r
Dated:

.2_,

s/ Joseph F. Bianco

.l'tl!le
2013
Central Islip, New York

F.BIANC(J
D STATES DISTRICT JUDGE

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