Opinion
22 CV8356(VB)
11-14-2022
MALCOLM PITT, Plaintiff, v. ROCKLAND COUNTY; SARGEANT OBLENIS; SARGEANT LOWE; CORRECTION OFFICER KARNEY; CORRECTION OFFICER G. VANDUNK; OFFICER FIGUEROA; OFFICER DAWSON, Defendants.
ORDER
VINCENT L. BRICCETTI UNITED STATES DISTRICT JUDGE
Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, commenced this action on September 29, 2022. (Doc. #2).
On October 20, 2022, the Court issued an Order of Service, directing the Clerk to issue summonses and deliver all documents necessary to effect service to the U.S. Marshals Service. (Doc. #6). On November 8, 2022, defendants Officer Figueroa, Correction Officer Karney, Sergeant Lowe, Sergeant Oblenis, and Officer Vandunk were served. (Docs. ##10-14). To date, proof of service for defendants Officer Dawson and Rockland County has not been filed.
On November 9, 2022, the Court received a letter from plaintiff stating that he omitted some details from his complaint and would like to add a defendant and remove a defendant. (Doc. #9). Plaintiff also requested leave to file an amended complaint. (Id.)
Accordingly, IT IS HEREBY ORDERED:
1. By December 14, 2022, plaintiff shall file a first amended complaint. Plaintiff shall use the first amended complaint form attached to this Order. The first amended complaint will completely replace, not merely supplement, the existing complaint. Therefore, plaintiff must include in the first amended complaint all information necessary for his claims.
2. Once plaintiff has filed a first amended complaint, the Court will screen the first amended complaint and, if necessary, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the addresses of the newly-named defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service.
3. The named and previously-served defendants' time to answer, move, or otherwise respond to the originally-filed complaint is STAYED pending plaintiff's filing of the first amended complaint.
The Court certifies under 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 an appeal. Cf. Coppedge v. United States. 369 U.S. 438, 444-45 (1962).
Chambers will mail a copy of this Order to plaintiff at the address listed on the docket.
SO ORDERED: