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17-6056 - Jones v. Suffolk County Sheriff Department

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17-6056 - Jones v. Suffolk County Sheriff Department
January 8, 2018
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ORDER granting 7 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the plaintiff's application to proceed in forma pauperis is granted. However, plaintiff's complaint is dismissed sua sponte in its entirety pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim for relief. Plaintiff is granted leave to file an amended complaint in accordance with this Order. Any amended complaint must be clearly labeled Amended Complaint, bear the same docket number as this Order, 17-CV-6056(JMA)(SIL), and shall be filed within thirty (30) days from the date of this Order. Plaintiff is cautioned that an amended complaint completely replaces the original. Therefore, plaintiff must include all claims against any defendants he seeks to pursue in the amended complaint. If plaintiff does not file an amended complaint within the time allowed, judgment shall enter and this case will be closed. The Court declines to exercise supplemental jurisdiction over any remaining state law claims alleged in the complaint and therefore the state law claims are dismissed without prejudice. 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)