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16-5843 - Miller v. Nassau County et al


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16-5843 - Miller v. Nassau County et al
March 31, 2018
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MEMORANDUM & ORDER granting 23 Motion to Dismiss for Failure to State a Claim. SO ORDERED that Defendants' motion (Docket Entry 23) is GRANTED, and the Complaint is DISMISSED WITHOUT PREJUDICE. The Court GRANTS Plaintiff leave to amend his Complaint in accordance with this Memorandum and Order. Any Amended Complaint shall be filed within thirty (30) days from the date of this Memorandum and Order, shall be titled Amended Complaint, and shall bear the same docket number as this Order, No. 16-CV-5843(JS)(GRB). Plaintiff is cautioned that an Amended Complaint completely replaces the original Complaint. Therefore, all claims and allegations Plaintiff wishes to pursue must be included in the Amended Complaint. If Plaintiff fails to file an Amended Complaint within thirty (30) days, this case will be dismissed with prejudice. Given Plaintiff's pro se status, the Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). Defendants are directed to mail a copy of this Memorandum and Order to the pro se Plaintiff and file proof of service on ECF within three days. Ordered by Judge Joanna Seybert on 3/31/2018. (Florio, Lisa)