Pena et al v. Armor Correctional Health, Inc. et al

Filing 15

MEMORANDUM & ORDER; Plaintiffs' Complaint is DISMISSED WITH PREJUDICE for failure to allege a plausible claim for relief and pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. 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. The Clerk of the Court is directed to CLOSE this case and to mail a copy of this Order to the pro se Plaintiffs at their last known address. So Ordered by Judge Joanna Seybert on 2/7/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
EMMANUEL PENA and THOMAS D. BRIEL,
Plaintiffs,

MEMORANDUM & ORDER
16-CV-1554(JS)(GRB)

-againstARMOR CORRECTIONAL HEALTH INC.,
et al.,

Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Emmanuel Pena, pro se
10R2052
Downstate Correctional Facility
121 Red Schoolhouse Road
P.O. Box F
Fishkill, NY 12523
Thomas D. Briel, pro se
16000281
Nassau County Correctional Center
100 Carman Avenue
East Meadow, NY 11554
For Defendants:

No appearances.

SEYBERT, District Judge:
By Memorandum & Order (“M&O”) dated August 24, 2016, the
Court dismissed all claims brought by pro se plaintiffs Emmanuel
Pena

(“Pena”)

and

Thomas

D.

Briel

(“Briel”

and

together,

“Plaintiffs”)1 and granted Plaintiffs’ leave to file an Amended

1

Since the time the Complaint was filed, both Plaintiffs have
been discharged from their respective places of incarceration and
have not provided the Court with a new address. See Docket Entry
Nos. 12-13, Mail sent to Pena at Downstate and to Briel at the
Nassau Jail was returned on August 29, 2016 and marked “Return to
Sender”, “Discharged.” Plaintiffs’ failure to keep the Court
apprised of any change of address makes it impossible for
the Court to communicate with Plaintiffs.

Complaint within thirty (30) days from the date of the M&O.
Plaintiffs were cautioned that their failure to timely amend the
Complaint

would

lead

to

the

dismissal

of

their

claims

with

prejudice and this case would be marked closed.
To date, Plaintiffs have not filed an Amended Complaint
nor have they otherwise communicated with the Court.

Accordingly,

Plaintiffs’ Complaint is DISMISSED WITH PREJUDICE for failure to
allege a plausible claim for relief and pursuant to Federal Rule of
Civil Procedure 41(b) for failure to prosecute.
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).
The Clerk of the Court is directed to CLOSE this case and
to mail a copy of this Order to the pro se Plaintiffs at their last
known address.
SO ORDERED.

/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:

February
7 , 2017
Central Islip, New York

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