Opinion
9:22-CV-1346 (MAD/ML)
06-22-2023
QUINTEN R. FAISON, Plaintiff, v. ONEIDA COUNTY; NURSE DOE; PATNODE, and BABER, Defendants.
JUDGMENT IN A CIVIL CASE
[x] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED, that this action is dismissed in accordance with the Decision and Order dated May 5, 2023, of U.S. District Judge Mae A. D'Agostino which ORDERED that plaintiff's Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted, and for failure to comply with the pleading requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure; ORDERED that if plaintiff wishes to proceed with this action he must file a second amended complaint within thirty (30) days of the filing date of the Decision and Order; and ORDERED that in the event plaintiff fails to file a signed second amended complaint within thirty (30) days of the filing date of the Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice for failure to state a claim upon which relief may be granted, and for failure to comply with the terms of this Decision and Order. Plaintiff has failed to submit a second amended complaint.