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Pettus v. Rosotti

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 15, 2009

JAMES PETTUS, PLAINTIFF,
v.
ROSOTTI, CORRECTIONAL OFFICER, GREAT MEADOW CORRECTIONAL FACILITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. Mcavoy Senior United States District Judge

DECISION and ORDER

Plaintiff James Pettus commenced this action by filing a pro se civil rights complaint. Dkt. No. 1. In his complaint, plaintiff alleged that the defendant Rosotti had used excessive force on him. Plaintiff alleged that the event occurred on September 25, 2008. Id. However, this action was filed on August 18, 2008, over one month prior to the alleged event occurring. Accordingly, by Order of this Court filed on December 10, 2008 ("December Order"), plaintiff was directed to submit an affidavit, sworn to under penalty of perjury, stating the date of the incident with defendant Rosotti that serves as the basis for this action.*fn1

To date, plaintiff has not submitted the required affidavit and the time to do so has expired. If plaintiff fails to submit the required affidavit on or before January 31, 2009, this action will be dismissed, without prejudice, without further Order of this Court.

WHEREFORE, it is hereby

ORDERED, that plaintiff shall file with the Court, on or before January 31, 2009, an affidavit, sworn to under penalty of perjury, that states the date of the incident with defendant Rosotti that serves as the basis for this action, and it is further

ORDERED, that the Court reserves any ruling as to the sufficiency of the complaint, and plaintiff's application to proceed in forma pauperis, until plaintiff complies with this Order, and it is further

ORDERED, that the Clerk serve a copy of this Decision and Order on plaintiff.


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