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16-6333 - Hernandez v. Sposato et al


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16-6333 - Hernandez v. Sposato et al
February 3, 2017
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peris (IFP) pursuant to 28 U.S.C. § 1915 is granted. For the reasons discussed below, Plaintiff's claims against Sheriff Sposato are dismissed. Plaintiff's claims against the John Doe defendants on the medical staff at the Nassau County Jail shall proceed. Accordingly, all claims against Sheriff Sposato are dismissed. 28 U.S.C. §§ 1915A; 1915(e)(2)(B). No summons shall issue as to this defendant and the Clerk of Court is directed to amend the caption to reflect the dismissal of this defendant. Plaintiff's claims against the John Doe defendants on the medical staff at the Nassau County Jail shall proceed. The Clerk of Court shall send a copy of this Order to plaintiff and to the Nassau County Attorneys Office. The case is referred to Magistrate Judge Arlene R. Lindsay for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (See attachment for additional details).. Ordered by Judge LaShann DeArcy Hall on 2/3/2017. (Basnight, Jasmine)MEMORANDUM AND ORDER: Plaintiff Derick Hernandez, currently incarcerated at the Nassau County Jail, brings this pro se action under 42 U.S.C. § 1983, alleging that he was denied proper medical care. Plaintiffs application to proceed in forma pau