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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
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`BRIAN KEITH DUDLEY,
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` ORDER
` 16-CV-3639 (JMA)(AYS)
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`Plaintiff,
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`-against-
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`SHERIFF MICHAEL J. SPOSATO, NASSAU COUNTY,
`DETECTIVE TRACEY S. CABEY, NASSAU COUNTY
`POLICE DEPARTMENT, NASSAU COUNTY DISTRICT
`ATTORNEY’S OFFICE, D.A. MADELINE SINGAS,
`A.D.A. MICHAEL BUSHWACK,
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`Defendants.
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`AZRACK, United States District Judge:
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`On June 20, 2016, incarcerated pro se plaintiff Brian Keith Dudley (“plaintiff”) filed a
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`complaint in this Court against Nassau County Sheriff Michael J. Sposato (“Sheriff Sposato”),
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`Nassau County, Detective Tracey S. Cabey (“Det. Cabey”), the Nassau County Police Department
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`(the “NCPD”), the Nassau County District Attorney’s Office (the “NCDA”), Nassau County
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`District Attorney Madeline Singas (“D.A. Singas”) and Assistant District Attorney Michael
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`Bushwack (“A.D.A. Bushwack” and collectively, “defendants”) pursuant to 42 U.S.C. § 1983
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`(“Section 1983”), alleging a deprivation of his constitutional rights. Accompanying the
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`complaint is an application to proceed in forma pauperis.
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`In the complaint, plaintiff seeks to challenge his arrest for promoting prison contraband in
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`the first degree in violation of New York Penal Law § 205.25(2), a class D felony. More
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`specifically, plaintiff claims that he was framed by two other inmates who planted a shank in his
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`cell and that plaintiff was improperly arrested, charged, and disciplined as a result. (Compl.
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`¶ IV.)
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`Plaintiff alleges that he was found guilty following a disciplinary hearing on December 2,
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`1
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`FILED
`CLERK
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`U.S. DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`LONG ISLAND OFFICE
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`11/13/2017 2:41 pm
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`Case 2:16-cv-03639-JMA-AYS Document 11 Filed 11/13/17 Page 2 of 2 PageID #: 37
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`2015, but claims that the Sheriff did not produce “key witnesses” who had exculpatory evidence
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`and, had they been called to testify, “plaintiff could have had all charges pending against him
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`dismissed.” (Id. at 6.) Thus, plaintiff claims to have been falsely arrested and maliciously
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`prosecuted. (Id. ¶ IV.A)
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` Plaintiff also complains that although the search of his cell occurred on November 21,
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`2015, Det. Cabey “falsified documents” by alleging that the incident occurred on February 2, 2016
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`in the felony complaint filed against him. (Id. at 7.)
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`Plaintiff is ORDERED to file a letter with the Court by December 11, 2017 that explains
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`the status of the criminal action stemming from this arrest and the felony complaint against him.
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`If plaintiff fails to file this letter by December 11, 2017, his action may be dismissed for failure
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`to prosecute.
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`SO ORDERED.
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`Dated: November 13, 2017
` Central Islip, New York
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`___/s/ (JMA)___________________
`Joan M. Azrack
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`United States District Judge
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`2
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