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16-1554 - Pena et al v. Armor Correctional Health, Inc. et al


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16-1554 - Pena et al v. Armor Correctional Health, Inc. et al
August 24, 2016
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MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, Plaintiffs' application to proceed in forma pauperis is GRANTED, however the Complaint is sua sponte DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii)-(iii), 1915A(b) as against the Sheriff's Department, the Grievance Committee, NYSCOC, NYSDOCS, and the NYS Inspector General's Office. Plaintiffs' remaining claims are sua sponte DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1) and WITH LEAVE TO FILE AN AMENDED COMPLAINT. 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. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiffs at their last known addresses. So Ordered by Judge Joanna Seybert on 8/24/2016. C/M (Valle, Christine)
February 7, 2017
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MEMORANDUM & ORDER; Plaintiffs' Complaint is DISMISSED WITH PREJUDICE for failure to allege a plausible claim for relief and pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. 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. The Clerk of the Court is directed to CLOSE this case and to mail a copy of this Order to the pro se Plaintiffs at their last known address. So Ordered by Judge Joanna Seybert on 2/7/2017. C/M (Valle, Christine)