Oliver v. Suffolk County Corr. Fac. et al

Filing 6

ORDER granting #2 Motion for Leave to Proceed in forma pauperis; The Clerk of the Court is directed to CONSOLIDATE this matter with Butler v. DeMarco, No. 11-CV-2602; to mail a copy of this Order, the Consolidation Order (No. 11-CV-2602, ECF No. 327), and the Consolidated Amended Complaint (No. 11-CV-2602, ECF No. 334) to Plaintiff at his last known address; and to mark this case 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 IFP status is DENIED for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 11/18/2021. (Attachments: #1 Consolidation Order, #2 Consolidated Amended Complaint) (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
ROBERT OLIVER,
Plaintiff,

ORDER
21-CV-6028(JS)(ST)

-againstSUFFOLK COUNTY CORRECTIONAL FACILITY,
ERROL D. TOULON, JR., Warden; NEW YORK
STATE, SUFFOLK COUNTY; MEDICAL
DEPT. YAPHANK CORR. FAC.,
Defendants.
---------------------------------------X
APPEARANCES:
For Plaintiff:

Robert Oliver, pro se
335161
Suffolk County Correctional Facility
110 Center Drive
Riverhead, New York 11901

For Defendants:

No appearances.

SEYBERT, District Judge:
On October 28, 2021, pro se plaintiff Robert Oliver
(“Plaintiff”),

who

is

incarcerated

at

the

Suffolk

County

Correctional Facility, commenced this action by filing a Complaint
along with an application to proceed in forma pauperis (“IFP”).
(Compl.,

ECF

Plaintiff’s

No.

1;

IFP

declaration

Mot.,

ECF

submitted

No.
in

2).

Upon

support

of

review

of

his

IFP

application, the Court finds that Plaintiff is qualified by his
financial status to commence this action without prepayment of the
filing fee.
is GRANTED.

Accordingly, Plaintiff’s application to proceed IFP

Further,

pursuant

to

this

Court’s

January

23,

2012

Consolidation Order in Butler v. DeMarco, No. 11-CV-2602 (JS)(ST)
(E.D.N.Y.) (the “Consolidated Action”), the Court has reviewed the
instant Complaint and finds that it relates to the subject matter
of the Consolidated Action.
No. 327.)

(Consol. Order, No. 11-CV-2602, ECF

Accordingly, this action shall be consolidated with the

Consolidated Action.

This affects Plaintiff in the following

ways:
1.

1

Plaintiff in this action shall become a member of the
certified classes in Butler (No. 11-CV-2602); 1

The classes are defined as follows:
(1) [A]n Injunctive Class comprised of all
persons who, now or at any time in the future,
are or will be detainees or prisoners in the
custody of the Suffolk County Sheriff’s
Department and housed in the SCCF [Suffolk
County Correctional Facility], with separate
subclasses for those persons detained in
Riverhead and Yaphank; and
(2) [A] Damages Class comprised of all persons
who are or were detainees or prisoners in the
custody of the Suffolk County Sheriff’s
Department and housed in the SCCF and who were
or will be released from the SCCF on or after
April 5, 2009, with separate subclasses for
those persons detained in Riverhead and
Yaphank.

(See Aug. 29, 2016 Order, No. 11-CV-2602, ECF No. 428, at 2-3.)
On August 29, 2016, in the Consolidated Action, this Court adopted
then-Magistrate Judge Gary R. Brown’s Report and Recommendation
and granted the Consolidated Action Defendants’ cross motion to
amend the class definitions to “exclude all Suffolk County
Correctional Facility inmates ‘who were or have been housed
2

2.

Any claims in the instant Complaint that are not
included in the Consolidated Amended Complaint in Butler
shall be severed (see Consol. Order at 17 (describing
the process for proceeding with any severed claims after
the resolution of the Consolidated Action)); and

3.

Plaintiff, as a member of the class, shall be
represented by pro bono counsel, Shearman & Sterling
LLP. 2
Accordingly, Plaintiff’s application for the
appointment of pro bono counsel is DENIED as moot.

A copy of the Consolidation Order and the Consolidated Amended
Complaint (the operative Complaint) in Butler are annexed to this
Order.
If Plaintiff does not wish to proceed as a member of the
Consolidated Action, he must inform the Court, in writing, within
thirty (30) days after receiving a copy of this Order.

Upon

receipt of such a letter, the Court will direct the Clerk of the
Court

to

sever

this

Complaint

from

the

Consolidated

Amended

Complaint and reopen and reinstate this individual pro se action.
For the foregoing reasons, Plaintiff’s application to
proceed IFP (ECF No. 2) is GRANTED.

The Clerk of the Court is

exclusively at the new jail facility in Yaphank, New York.’”
at 3-5.)
2

Counsel’s mailing address is:
Daniel Hector Rees LaGuardia
Shearman & Sterling
599 Lexington Avenue
New York, NY 10022

Counsel’s telephone number is: [phone].
3

(Id.

directed to CONSOLIDATE this matter with Butler v. DeMarco, No.
11-CV-2602; to mail a copy of this Order, the Consolidation Order
(No.

11-CV-2602,

ECF

No.

327),

and

the

Consolidated

Amended

Complaint (No. 11-CV-2602, ECF No. 334) to Plaintiff at his last
known address; and to mark this case 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 IFP status is DENIED for the purpose of any appeal.
See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
/s/ JOANNA SEYBERT___________
Joanna Seybert, U.S.D.J.
Dated:

November 18 , 2021
Central Islip, New York

4