Robinson v. Rice et al
| Timothy Robinson |
| Kathleen Rice, Detective Anthony Nikolic, Detective David Januszewski, Lt. James J. Wallace and A.D.A. John or Jane Doe |
| 2:2011cv00747 |
| February 7, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| A. Kathleen Tomlinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
33
ORDER granting 29 Motion to Dismiss for Lack of Prosecution. SO ORDERED that defts' motion to dismiss the complaint for failure to prosecute pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure is granted and the complaint is dismi ssed in its entirety with prejudice. The Clerk of the Court is directed: (1) to enter judgment in favor of defts; (2) to close this case; and (3) to serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rule s of Civil Procedure, including (a) mailing a copy of this order to both plaintiffs address of record and his last known civilian address, 9 Donohue Street, Glen Cove, New York 11542, pursuant to Rule 5(b)(2)(C) and (b) leaving a copy of this order w ith the Clerk of the Court pursuant to Rule 5(b)(2)(D). The court certifies pursuant to 28 U.S.C. § 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 purpose of any appeal. CM to pro se plaintiff at both addresses. Ordered by Judge Sandra J. Feuerstein on 4/12/2012. (Florio, Lisa)
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Filing
9
ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Order of Partial Dismissal Dismissing Party A.D.A. John or Jane Doe and Kathleen Rice terminated. ORDERED that plaintiffs application for leave to proceed in forma pauperis is gr anted; and it is further, ORDERED that plaintiffs claims against defendants Kathleen Rice and "John or Jane Doe" are dismissed in their entirety with prejudice pursuant to 28 U.S.C.§§ 1915(e) and 1915A(b), and no summons shall issue as to those defendants; and it is further, ORDERED that plaintiffs malicious prosecution claim based upon an alleged speedy trial violation is dismissed without prejudice and with leave to re-plead within thirty (30) days from the d ate the underlying criminal action against him is terminated, or that claim will be deemed dismissed with prejudice; and it is further, ORDERED that the United States Marshals Service is directed to serve the summonses andcomplaint upon the remain ing defendants, Januszewski, Nikolic and Wallace, without prepaymentof fees; and it is further,ORDERED that a courtesy copy of the summons, complaint, and this order shallbe served upon the Nassau County Attorney.The Court certifies pursuant to 28 U. S.C. § 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 purpose of anappeal. See Coppedge v. United States, 369 U.S. 438,444-45 (1962).. Ordered by Judge Sandra J. Feuerstein on 8/16/2011. (Padilla, Kristin)
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