United States District Court, E.D. New York
Stephen Kirk Romanello, Jr., Plaintiff, Pro se, Riverhead, NY.
For Defendant: No appearance.
MEMORANDUM & ORDER
Joanna Seybert, UNITED STATES DISTRICT JUDGE.
On September 22, 2014, incarcerated pro se plaintiff Stephen Kirk Romanello (" Plaintiff") filed a Complaint in this Court pursuant to 42 U.S.C. § 1983 (" Section 1983") against the Suffolk County Correctional Facility (" the Jail" or " Defendant"), accompanied by an application to proceed in forma pauperis.
Upon review of the declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. § § 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Complaint is sua sponte DISMISSED WITH PREJUDICE as against the Jail and WITH LEAVE TO FILE AN AMENDED COMPLAINT as set forth herein pursuant to 28 U.S.C. § § 1915(e)(2)(B)(ii), 1915A(b)(1).
Plaintiff's brief, handwritten Complaint, submitted on the Court's Section 1983 Complaint form, alleges in its entirety:
On June 26, 2014 while I was incarcerated in Suffolk County Correctional Facility located at 110 Center [D]rive in Riverhead, N.Y. 11901 I was assaulted [by] an officer on the above date at that location on the 3rd floor in the pods yoused [sic] abusive force.
(Compl. ¶ IV.)
As a result of the foregoing, Plaintiff claims to have sustained " injury to my left wrist when my hands were cuffed behind my back. There are lacerations that left scars . . . ." Plaintiff also alleges that he suffered " nerve damages[, ] most likely from a pinched nerve that has made my left thumb and index finger numb, and the lower part of my hand and wrist with shooting pains." (Compl. ¶ IV.A.) Plaintiff does not allege any particular form of relief. Rather, seeks unspecified relief for " pain and suffering, medical expenses, [and] negligence by medical staff and officers." (Compl. ¶ V.)
I. In Forma Pauperis Application
Upon review of Plaintiff's declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). ...