Brown v. Sprint Corporate Security Subpoena Specialist et al
Filing
11
ORDER - Plaintiff is afforded a final opportunity to file the PLRA. Plaintiff is ORDERED to complete and return the enclosed PLRA within fourteen (14) days in order for his case to proceed. Plaintiff is cautioned that failure to timely file the PLRA will lead to the dismissal of his claims without prejudice and this case will be closed. 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 sta tus is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/7/2017. C/M (Attachments: # 1 Prisoner Authorization Form) (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
EDWARD BROWN,
Plaintiff,
ORDER
17-CV-2561(JS)(ARL)
-againstSPRINT CORPORATE SECURITY
SUBPOENA SPECIALIST and WENDY KLANG,
Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Edward Brown, pro se
14-A-4702
Green Haven Correctional Facility
P.O. Box 4000
Stormville, New York 12582
For Defendants:
No appearances.
SEYBERT, District Judge:
On April 11, 2017, incarcerated pro se plaintiff Edward
Brown (“Plaintiff”) filed a Complaint in the United States District
Court for the Southern District of New York together with a motion
for leave to proceed in forma pauperis.
By Transfer Order dated
April 20, 2017, the Complaint was transferred to this Court and, on
April
28,
Plaintiff
2017,
did
was
not
assigned
file
the
to
the
undersigned.
required
Prisoner
However,
Litigation
Authorization Form (“PLRA”) at the time that he filed the Motion.
Accordingly, by Notice of Deficiency dated May 25, 2017 (“Notice”),
Plaintiff was instructed to complete and return the enclosed PLRA
within fourteen (14) days from the date of the Notice in order for
his case to proceed.
Plaintiff was cautioned that his failure to
timely filed the PLRA will lead to the dismissal of his Complaint
without prejudice and this case will be marked closed.
On June 2, 2017, the Notice was returned to the Court as
undeliverable
and
was
marked
Forward”, “RTS - released.”
“Return
to
Sender”,
(See Docket Entry 8.)
“Unable
to
On June 20,
2017, the Court updated Plaintiff’s Prisoner Identification Number
and Facility and re-mailed the Notice to Plaintiff at the updated
address.
(See Docket Entry 9.)
On July 5, 2017, Plaintiff filed
another application to proceed in forma pauperis but did not
include the PLRA.
Accordingly, Plaintiff is afforded a final
opportunity to file the PLRA. Plaintiff is ORDERED to complete and
return the enclosed PLRA within fourteen (14) days in order for his
case to proceed.
Plaintiff is cautioned that failure to timely
file the PLRA will lead to the dismissal of his claims without
prejudice and this case will be closed.
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 mail a copy of this
Order to the pro se Plaintiff.
SO ORDERED.
/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:
August
7 , 2017
Central Islip, New York
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