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15-5770 - Petion v. Nassau County Correctional Facility et al


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15-5770 - Petion v. Nassau County Correctional Facility et al
January 12, 2016
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ORDER: For the forgoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), the plaintiff=s application to proceed in forma pauperis is granted, but plaintiffs claim seeking monetary damages against ADA Meaney is sua sponte dismissed with prejudice for failure to allege a plausible claim for relief and for lack of subject matter jurisdiction pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii-iii), 1915A(b)(1-2); Fed. R. Civ. P. 12(h)(3). Plaintiffs claim against NCCC is sua sponte dismissed with prejudice for failure to allege a plausible claim for relief pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Plaintiffs claim against Sheriff Sposato and plaintiffs deliberate indifference claim against Cpt. Golio are sua sponte dismissed without prejudice for failure to allege a plausible claim for relief pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1) and plaintiff is afforded an opportunity to amend such claims in accordance with this Order. Plaintiffs amended complaint must be labeled as an Amended Complaint, bear the same docket number as this Order, 15-CV-5770 (JMA)(ARL), and shall be filed within thirty (30) days from the date of this Order. Plaintiffs claims for prospective injunctive relief against ADA Meaney and Cpt. Golio shall proceed and the Clerk of the Court is directed to forward copies of the summonses and the Complaint to the United States Marshall Service for service upon ADA Meaney and Cpt. Golio forthwith. 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 (1962). So Ordered by Judge Joan M. Azrack on 1/12/2016. c/m to pro se plaintiff via first class mail. (Ortiz, Grisel)