Burris v. Whitney Capital Management et al
| Darius Burris |
| Chen, Paul Delle, John Doe, John Doe's, John Doe's 1-2, David Gallo, Gross, Nassau County Police, Anthony Nicolic, North Hempstead Housing, Sean Rainey, Nicollett Simmons, Alexander Sklavos, Spinney Hill Homes and Whitney Capital Management |
| 2:2015cv01207 |
| March 2, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Gary R. Brown |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
110
AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS re 105 MOTION for Default Judgment as to Chen, Gross, Nicolic & Delle filed by Darius Burris: For the reasons in the attached Memorandum & Order, the Court adopts the 107 Report & Recommendation ( "R&R") of Magistrate Judge Anne Y. Shields in full. Plaintiff's motion for default judgment is denied in its entirety. Plaintiff is permitted to amend his Complaint to allege specific facts, to the extent such facts exist, against Dets . Nicolic and Chen in light of Plaintiff's assertion in his 109 objections to the R&R that "Defendants[] Chen[] and Nicolic... visited... Defendant Simmons... and asked Simmons to file charges against Plaintiff." If Plaintiff files an Amended Complaint, the Court will determine whether it sufficiently states any claim against Dets. Chen and/or Nicolic, see 28 U.S.C. § 1915(e)(2) (requiring that, pursuant to the in forma pauperis statute, a court dismiss a cas e where the action "fails to state a claim on which relief may be granted"), and, if so, will direct service of the Amended Complaint by the United States Marshals Service on Defendants Chen and/or Nicolic. This Order replaces the Court's 4/15/2021 Order. Ordered by Judge Pamela K. Chen on 6/29/2021. (Sharon, William)
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Filing
32
VACATUR OF JUDGMENT: It is hereby ORDERED that the 10/29/15 Order dismissing the case for failure to prosecute is vacated, and the Clerk of the Court shall vacate the 30 Judgment. Case reopened. Plaintiff shall have until 2/19/2016 to submit his opposition to defendants' 23 , 25 and 26 motions to dismiss. Plaintiff's application for appointment of counsel is denied without prejudice to plaintiff renewing the application at a later stage of these proceedings, if circumstances warrant such an application. Ordered by Judge Joseph F. Bianco on 1/5/2016. cm to pro se plaintiff by fcm bychambers. cm to counsel by cm/ecf. (Mahon, Cinthia) (Main Document 32 replaced on 1/5/2016) (Mahon, Cinthia).
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