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16-725 - Lee-Edwards et al


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16-725 - Lee-Edwards et al
June 21, 2016
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MEMORANDUM AND ORDER, The Court grants Newland and Zander's 6 Motion for Leave to Proceed in forma pauperis and 7 Motion for Leave to Proceed in forma pauperis. For the reasons discussed below, the Clerk of Court is directed to dismiss pltffs Donald R. Lee-Edwards, Shon Bruce, Bryant McCaskill and Marcellin Hyman from the action without prejudice. The complaint itself is also dismissed and the remaining pltffs, Newland and Zander, are granted 30 days leave from the entry of this order on the docket to file an amended complaint in accordance with the terms and conditions of the grant of leave. With caption amended, the complaint is dismissed against the NYC Dept. of Correction with prejudice and against Deputy Espada, C.O. Simpson, Shield #9495, Capt. Figueroa, Shield #1473, C.O. Mitchell, Shield #9627 and C.O. Searchwell, Shield #15695 without prejudice. Newland and Zander are instructed that their amended complaint must comply with Rule 8(a) of the FRCP and include all relevant known facts and dates. Should they elect to file an amended complaint, they must set forth factual allegations to support their claim against each named deft and describe how each deft was personally involved in the alleged deprivation of their federal rights. New Land and Zander must also allege what physical injuries they suffered as a result of the alleged involvement of each named deft they claim deprived them of their federal rights. The amended complaint must bear the amended cation, be identified as an "Amended Complaint," and also bear the same docket number as this order. No summonses shall issue at this time and all further proceedings shall be stayed until further leave of the Court. The Court certifies pursuant to 28 USC sec. 28 USC sec. 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 purpose of an appeal. (Ordered by Judge Eric N. Vitaliano on 6/09/2016) c/m (Galeano, Sonia)
March 28, 2018
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MEMORANDUM AND ORDER, New Land's and Zander's complaints are dismissed in their entirety, but in what is no doubt with an abundance of solicitude, without prejudice, with leave to amend as follows: Newland and Zanders are given an additional 30 days' leave from the date of this Order is entered on the docket to file an second amended complaint against the individual defts. They are once again instructed that their filing must comply with Rule 8(a) of the FRCP and include all relevant known facts and dates. Should they elect to file a second amended complaint, the amendment process should be guided as herein described. As in the previous complaint, their claims against the Dept. of Correction are dismissed with prejudice and they are denied leave to amend as to that agency. The Court second amended complaint must be identified as a "Second Amended Complaint," and also bear the same docket number as this order. No summonses shall issue at this time and all further proceedings shall be stayed until further leave of the Court. The Court certifies, pursuant to 28 USC sec. 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 purpose of an appeal. The Clerk of Court is directed to mail a copy of this memorandum and order to the parties at their last known address as they appear on the docket. (Ordered by Judge Eric N. Vitaliano on 3/25/2018) c/m (Galeano, Sonia)