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Griffin v. Blum

United States District Court, E.D. New York

January 9, 2020

K-MEL T. GRIFFIN, Plaintiff,
v.
OFFICER BLUM #3177, MS. FLUDD, NASSAU COUNTY CORRECTIONAL CENTER, Defendants.

          For Plaintiff: K-Mel T. Griffin, pro se

         For Defendants: No appearances.

          MEMORANDUM AND ORDER

          JOANNA SEYBERT, U.S.D.J.

         By Memorandum and Order dated July 18, 2019 (the “M&O”), the Court granted the application of incarcerated pro se plaintiff K-Mel T. Griffin (“Plaintiff”) to proceed in forma pauperis and dismissed his Complaint filed in this Court pursuant to 42 U.S.C. § 1983 (“Section 1983”) against Nassau County Sheriff Vera Fludd (“Sheriff Fludd”), the Nassau County Correctional Center (the “Jail”), the “Medical Department” and “Prisoner Holding Center” at the Jail (“Jail Departments”), and “Inmates (E1E) Sate[l]lite” (“Inmates”). (See M&O, D.E. 10.) Plaintiff was granted leave to file an Amended Complaint in accordance with the M&O within thirty (30) days from the date of the M&O. Plaintiff requested an extension of time to file an Amended Complaint and that application was granted. (See D.E. 13; and Aug. 16, 2019 Elec. Order.) On September 13, 2019, Plaintiff timely filed an Amended Complaint pursuant to Section 1983 against Officer Blum #3177 (“C.O. Blum”), Sheriff Fludd, and the Jail. For the reasons that follow, the Amended Complaint does not allege a plausible claim for relief and is thus DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1).

         THE AMENDED COMPLAINT[1]

         The Amended Complaint is submitted on a form from the United States District Court for the Northern District of Illinois, Western Division, and alleges that Plaintiff's claims are brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983. (Am. Compl., D.E. 14.) The facts alleged in Plaintiff's Statement of Claim are nearly identical to those alleged in the original Complaint. In its entirety, the Amended Complaint alleges:[2]

On December 11, 2018, a fight had broke out in which I ended up getting stabbed numerous times. Correctional Officer Blum, Badge number 3177 was in the dorm area when it occurred and failed to break it up or use his state issued mace to stop my assailants.
Nassau County Medical left me in my cell bleeding for 6 and a half hours without any medical attention and left me with open wounds bleeding without any proper stitches.
Failing to break up altercation as it was happening. Failed at care, custody and control.
Officer Blum Badge # 3177 failed to get me medical attention as soon as possible after I got stabbed.
Nassau County failed to put keep separates on all parties after the incident. I seen the person who stabbed me plenty of times after.

(Am. Compl. ¶ IV.) Plaintiff does not seek any relief and has left blank the space on the form Complaint that calls for a statement of “exactly what you want the court to do for you.” (Am. Compl. ¶ V.)

         DISCUSSION

         I. Application of 28 ...


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