United States District Court, E.D. New York
K-MEL T. GRIFFIN, Plaintiff,
OFFICER BLUM #3177, MS. FLUDD, NASSAU COUNTY CORRECTIONAL CENTER, Defendants.
Plaintiff: K-Mel T. Griffin, pro se
Defendants: No appearances.
MEMORANDUM AND ORDER
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),
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:
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
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.)
Application of 28 ...