Rodriguez v. Nassau County Correction Facility

Filing 13

MEMORANDUM AND ORDER; In an abundance of caution and given Plaintiff's pro se status, Plaintiff is afforded one final opportunity to file a Second Amended Complaint in accordance with the guidance set forth in the M&O within thirty (30) days fr om the date of this Order. 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 mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/10/2019. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSE RODRIGUEZ,
Plaintiff,
MEMORANDUM & ORDER
17-CV-5099(JS)(AKT)

-againstNASSAU COUNTY SHERIFF, OFFICERS
SAEED, MCLAUGHLIN, JOHNSON, TORCHA,
MURPHY, WHITEFIELD, MCDONNEL,
AROUISTA, HOMLES, PULGRANO, BARBARA,
DAVIS, and CORPORALS AFLEGEL and
FIELDING,

Defendants.
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APPEARANCES
For Plaintiff:
Jose Rodriguez, pro se
18001556
Nassau County Correctional Center
100 Carman Avenue
East Meadow, NY 11554
For Defendants:

No appearance.

SEYBERT, District Judge:
By Memorandum and Order dated August 28, 2018 (the
“M&O”), the Court, inter alia, sua sponte dismissed the Complaints
of incarcerated pro se plaintiff Jose Rodriguez (“Plaintiff”) and
granted Plaintiff leave to file a Second Amended Complaint in
accordance with the M&O within thirty (30) days therefrom.
M&O, Docket Entry 11.)

(See

To date, Plaintiff has not filed a Second

Amended Complaint nor has he otherwise communicated with the Court
about this case other than by letter, dated September 14, 2018,
addressed to the Clerk of Court, Douglas Palmer, wherein Plaintiff

complains about the difficulties he is having using the telephone
at the Nassau County Correctional Center.

(See Letter, Docket

Entry 12.)
In an abundance of caution and given Plaintiff’s pro se
status, Plaintiff is afforded one final opportunity to file a
Second Amended Complaint in accordance with the guidance set forth
in the M&O within thirty (30) days from the date of this Order.
Any Amended Complaint shall be clearly labeled “Second Amended
Complaint,” and shall bear docket number 17-CV-5099(JS)(AKT).
Plaintiff is cautioned that a Second Amended Complaint completely
replaces all prior Complaints.

Therefore, Plaintiff must include

all claims against the Defendant(s) he seeks to pursue in the
Second Amended Complaint.

If Plaintiff does not have sufficient

information at this time to identify the police officer[s] he seeks
to sue, Plaintiff may continue to name such individual[s] as “John
Doe” but shall include factual allegations of conduct or inaction
attributable to him in support of Plaintiff’s claims.
is

warned,

should

he

fail

to

timely

file

a

Plaintiff

Second

Amended

Complaint, judgement shall enter 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

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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: January
10 , 2019
Central Islip, New York

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