Jones v. The County of Suffolk et al

Filing 13

ORDER - To date, Plaintiff has not filed the Form nor has he provided an updated address or otherwise communicated with the Court. Accordingly, Plaintiff appears to have abandoned this action and Plaintiff's Complaint is thus DISMISSED WITHOUT PREJUDICE 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 Plaintiff. So Ordered by Judge Joanna Seybert on 4/5/2018. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
RICHARD JONES,
Plaintiff,
ORDER
17-CV-6968(JS)(GRB)

-againstTHE COUNTY OF SUFFOLK; SUFFOLK
COUNTY POLICE DEPARTMENT; TIMOTHY
SINI, Commissioner; DENNIS STEWART;
MAX MOE #1; MAX MOE #2; and
JANE OR JOHN DOE #1,

Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Richard Jones, pro se
427958
Suffolk County Correctional Facility
110 Center Drive
Riverhead, NY 11901
For Defendants:

No appearances.

SEYBERT, District Judge:
On November 29, 2017, incarcerated pro se plaintiff
Richard

Jones

(“Plaintiff”)

filed

a

Complaint

in

this

Court

accompanied by an application to proceed in forma pauperis and an
incomplete Prisoner Authorization Form (“Form”).

Accordingly, by

Notice of Deficiency dated December 1, 2017 (“Notice”), Plaintiff
was instructed to complete and return the enclosed Form 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 file the Form may lead to the dismissal of his Complaint
without prejudice and this case would be marked closed.

On December 11, 2017, December 13, 2017, and December
22, 2017, mail sent to the Plaintiff at his address of record was
returned to the Court, and was marked “DISCHARGED”, “RETURN TO
SENDER”, “UNABLE TO FORWARD”.

(See Docket Entries 10-12).

To date, Plaintiff has not filed the Form nor has he
provided an updated address or otherwise communicated with the
Court.
action

Accordingly, Plaintiff appears to have abandoned this
and

Plaintiff’s

Complaint

is

thus

DISMISSED

WITHOUT

PREJUDICE 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 Plaintiff.

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

April
5 , 2018
Central Islip, New York