Johnson v. New York Police Department et al
| Jeffrey Johnson |
| New York City, Kings County and New York Police Department |
| Mayor of New York and Commissioner |
| 1:2012cv05423 |
| October 25, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Steven M. Gold |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
9
MEMORANDUM DECISION AND ORDER, The Court finds that tolling is unwarranted because pltff provides no description of his mental illness, the duration of his mental illness, or how such illness affected his ability to comply with three-year statute of limitations. Accordingly, the complaint is dismissed. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/13/2012) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)
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Filing
6
AMENDED MEMORANDUM DECISION AND ORDER, granting Pltff's 2 Motion for Leave to Proceed in forma pauperis pursuant to 28 USC sec. 1915, solely for the purpose of this Order. For the reasons discussed below, all of pltff's claims, except tho se brought against the ten unidentified police officers defts, must be dismissed for failure to state a claim. As for the claims against the police officers, pltff is directed to show cause why his complaint should not be dismissed as time-barred, wi thin 21 days from the date of entry of this Order as set forth below. The action is dismissed as to defts NYPD, Police Commissioner, Mayor of NYC, Kings County, City of NY, and the District Atty for the "Eastern" District. With respect to h is claims against the unidentified police officers, pltff is directed to show cause by 12/5/12 why the action should not be dismissed as time-barred by the three-year statute of limitations period. If pltff fails to file a written affirmation in resp onse to this order within the time allowed or fails to provide a valid basis for equitable tolling of the limitations period, the Court shall dismiss the action. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 11/14/2012) c/m by chambers with Pltff's Affirmation Form attached. (Galeano, Sonia)
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