Opinion
12-CV-4164(JS)(WDW)
11-20-2012
DANIEL MILLER, ROHIT GULATT, SCOTT POWER, RAMEL WILLIAMS, and all current and former Federal Inmates confined in the Nassau County Correctional Center who are similarly situated, Plaintiffs, v. COUNTY OF NASSAU, MICHAEL J. SPOSATO, Sheriff of Nassau County, and CHARLES DUNNE, United States Marshal, Eastern District of New York, Defendants.
For Plaintiff: Daniel Miller, 12003565, Pro se Rohit Gulati, 11006292, pro se Scott Power, 12006351, pro se Ramel Williams, 11006066, pro se For Defendants: No Appearances
ORDER
APPEARANCES
For Plaintiff: Daniel Miller, 12003565, Pro se
Rohit Gulati, 11006292, pro se
Scott Power, 12006351, pro se
Ramel Williams, 11006066, pro se
For Defendants: No Appearances SEYBERT, District Judge:
Incarcerated pro so plaintiffs Daniel Miller ("Miller"), Rohit Gulati ("Gulati"), Scott Power ("Power"), and Ramel Williams ("Williams") filed an in forma pauperis Complaint on August 20, 2012, together with applications to proceed in forma pauperis for each Plaintiff. By Order dated October 3, 2012, the Court granted the. in forma pauperis applications of Gulati, Power, and Williams and denied the application of Miller pursuant to the "three strikes" provision of 28 U.S.C. § 1915(g). Miller was directed to pay his pro rata share of the $350.00 filing fee within fourteen (14) days of the date of the September 21, 2012 Order and was warned that failure to do so would lead to dismissal of the Complaint. (See Order, dated September 21, 2012, Seybert, D.J.) To date, Miller has not paid the fee nor has he otherwise communicated with the Court with regard to this case. Accordingly, Miller's claims are now DISMISSED without prejudice.
The undersigned also sua sponte dismissed, in part, the Complaint with leave to file an Amended Complaint within fourteen (14) days from the date of the Order and warned that the failure to timely amend the Complaint would lead to the dismissal of those claims without prejudice. To date, an Amended Complaint has not been filed with the Court nor have Gulati, Power, or Williams otherwise communicated with the Court. Accordingly, all of the claims set forth in the Complaint except for those concerning the conditions of confinement at Nassau County Correctional Center are DISMISSED without prejudice.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
SO ORDERED. Dated: November 20, 2012
Central Islip, NY
______________________
JOANNA SEYBERT, U.S.D.J.