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17-4715 - Hughes v. Nassau County Sheriff's Department et al


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17-4715 - Hughes v. Nassau County Sheriff's Department et al
January 8, 2018
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ORDER: SO ORDERED that the plaintiff's application to proceed in forma pauperis is granted, but the complaint is 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). Plaintiff is granted leave to file an amended complaint in accordance with the guidance set forth in this Order within thirty (30) days from the date of this Order. Plaintiff's amended complaint must be labeled as an amended complaint and bear the same docket number as this Order, 17-CV-4715(JMA) (SIL). Plaintiff is advised that an amended complaint completely replaces the original, so plaintiff must include any allegations he wishes to pursue against the defendants in the amended complaint. Further, if plaintiff does not file an amended complaint within the time allowed, this case will be closed. Plaintiff's application for the appointment of pro bono counsel is denied without prejudice to plaintiff renewing his application upon filing an amended complaint in accordance with this order, if circumstances warrant such an application. This denial is also without prejudice to plaintiffs hiring his own counsel to represent him in this matter. 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. Ordered by Judge Joan M. Azrack on 1/8/2018. (cm to pro se plaintiff) (Florio, Lisa)