Brocklebank v. Nassau County Correctional Center

Filing 12

ORDER DISMISSING CASE: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), this action and the complaint is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b). Plaintiff's failure to provide the Court with a current address is an additional reason to dismiss this action. The Clerk of Court shall enter judgment, close this case and mail a copy of this Order to the plaintiff at his last known address. The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that any ap peal 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 (1962). So Ordered by Judge Joan M. Azrack on 3/12/2019. (c/m to pro se) (Ortiz, Grisel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GERALD BROCKLEBANK, #16005076,

FILED 
CLERK 

3/12/2019 1:26 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
ORDER
17-CV-05198 (JMA)(SIL)

-againstNASSAU COUNTY (ARMOR CORPS),
Defendant.
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AZRACK, District Judge:

By Order dated November 6, 2018 (the “Order”), the Court granted the application of
incarcerated pro se plaintiff Gerald Brocklebank (“plaintiff”) to proceed in forma pauperis and
sua sponte dismissed his complaint brought pursuant to 42 U.S.C. § 1983 for failure to allege a
plausible claim for relief as required by 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A. The Court
granted plaintiff leave to file an amended complaint in accordance with the Order within thirty
(30) days from the date of the Order. Plaintiff was cautioned that if he “fails to file an amended
complaint within thirty (30) days from the date of this Order, judgment shall enter and this case
shall be closed.” (See Order at 8.)
To date, plaintiff has not filed an amended complaint, nor has he otherwise
communicated with the Court. Moreover, the copy of the Order that was mailed to plaintiff was
returned as undeliverable because plaintiff has been discharged. Accordingly, this action and
the complaint is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b). Plaintiff’s
failure to provide the Court with a current address is an additional reason to dismiss this action.
The Clerk of Court shall enter judgment, close this case and mail a copy of this Order to
the plaintiff at his last known address.

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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 (1962).
SO ORDERED.

_____/s/ (JMA)_______________
Joan M. Azrack
United States District Judge

Dated: March 12, 2019
Central Islip, New York

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