Jackson v. Department of Corrections et al

Filing 13

ORDER re: 12 Order 60 Days Amended Complaint (case opening), Add and Terminate Parties. Accordingly, Plaintiff is directed to file a second amended complaint by on or before May 24, 2021. If Plaintiff fails to file a second amended complaint b y this date and does not show good cause excusing such failure, Plaintiffs complaint will be dismissed for failure to state a claim upon which relief may be granted. See Thomas v. Scully, 943 F.2d 259, 260 (2d Cir. 1991) (a "court on its own ini tiative may note the inadequacy of the complaint and dismiss it for failure to state a claim as long as the procedure employed is fair") (internal quotation marks omitted). SO ORDERED. ( Amended Pleadings due by 5/24/2021.) (Signed by Judge Vernon S. Broderick on 4/27/2021) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JAMES JACKSON,

4/27/2021
Plaintiff,

-against-

20-CV-9420 (VSB)

DEPARTMENT OF CORRECTIONS;
CYNTHIA BRANN; PATSY YANG;
MARGARET EGAN,

ORDER

Defendants.
VERNON S. BRODERICK, United States District Judge:
Plaintiff James Jackson (“Plaintiff”), currently detained at the Vernon C. Bain Center
(“VCBC”), brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants are
violating his federal constitutional rights by not protecting him from contracting COVID-19.
Plaintiff originally filed this action with 49 other VCBC detainees on October 7, 2020. (See
Docs. 1, 2.) On November 9, 2020, Magistrate Judge Stewart Aaron severed the plaintiffs’
claims and directed that each plaintiff’s claims be opened as a separate action. See Lee v. Brann,
ECF 1:20-CV-8407, 7 (GBD) (SDA) (S.D.N.Y.). On November 24, 2020, Lee filed an amended
complaint in Lee v. Brann, which Plaintiff signed. (No. 1:20-CV-8407, Doc. 14.) At Judge
Aaron’s direction, the amended complaint was docketed in each of the severed actions, including
the instant action. (Doc. 4; see No. 1:20-CV-8407, Doc. 19.)
On February 17, 2021, Chief Judge Colleen McMahon granted Plaintiff’s request to
proceed in forma pauperis (“IFP”). (Doc. 10.) By order dated March 22, 2021, I noted that the
amended complaint does not specify how Defendants specifically violated any of Plaintiff’s
constitutional rights. (Doc. 12, at 2.) Accordingly, I granted Plaintiff leave to file a second
amended complaint within sixty days, that is, by on or before April 23, 2021. (Id. at 7.) I

warned that if Plaintiff failed to file a second amended complaint during that time period, and did
not show good cause excusing such failure, the complaint would be dismissed for failure to state
a claim upon which relief may be granted. (Id.) To date, Plaintiff has neither filed a second
amendment complaint nor supplied any explanation for his failure to do so by the April 23, 2021
deadline.
Accordingly, Plaintiff is directed to file a second amended complaint by on or before
May 24, 2021. If Plaintiff fails to file a second amended complaint by this date and does not
show good cause excusing such failure, Plaintiff’s complaint will be dismissed for failure to state
a claim upon which relief may be granted. See Thomas v. Scully, 943 F.2d 259, 260 (2d Cir.
1991) (a “court on its own initiative may note the inadequacy of the complaint and dismiss it for
failure to state a claim as long as the procedure employed is fair”) (internal quotation marks
omitted).
SO ORDERED.
Dated: April 27, 2021
New York, New York
______________________
Vernon S. Broderick
United States District Judge