Cancel v. Kelly et al
| Frankie Cancel |
| Raymond Kelly, John Doe, Christopher Caruso, Michael Bloomberg and The City of New York |
| 1:2013cv06007 |
| August 23, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
96
MEMORANDUM OPINION AND ORDER re: 92 MOTION for Reconsideration re; 91 Clerk's Judgment filed by Frankie Cancel: For those reasons, Plaintiff's motion for reconsideration is GRANTED in part and DENIED in part. In particul ar, Plaintiff's claim for unlawful search of his residence may proceed. In light of the substance of that claim and the need for trial to resolve it, this Court exercises its discretion under Title 28, United States Code, Section 1915(e)(1), and will seek to obtain pro bono counsel for Plaintiff. See Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989). Further, the Court believes - in light of this ruling, the possibility that Plaintiff will obtain counsel in short order, and the likelihood that any damages on the unlawful search claim would be small - that the parties should attempt to settle the case without the need for trial. To that end, by separate Order to be entered today, the Court is referring the case to the assigned Magistrate Judge (the Honorable Ronald L. Ellis) for settlement purposes. No later than the earlier of one week after pro bono counsel enters a notice of appearance or May 30, 2016, the parties shall contact the Chambers of Magistrat e Judge Ellis to schedule a settlement conference as soon as possible. In the event that the case does not settle, the Court will issue a further Order with respect to the timing and procedures leading up to trial. The Clerk of Court is directed to terminate Docket No. 92, to reopen this case, and to mail a copy of this Memorandum Opinion and Order to Plaintiff. (Signed by Judge Jesse M. Furman on 4/15/2016) (tn)
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Filing
90
OPINION AND ORDER re: 72 MOTION for Summary Judgment filed by Jose Mucciaccio, Tyrone Woodson, Kevin Breen, Lamar Sanders, The City of New York, Carlos Cruz, Christopher Krause, Michael Bloomberg, Raymond Kelly, Tyrone Forde, Michael Berrios: For the foregoing reasons, Defendants' motion for summary judgment is granted in its entirety, and Plaintiff's cross motion for partial summary judgment (on his Monell claims) is denied.4 This Court certi fies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Opinion and Order to Plaintiff, to terminate Docket No. 72, and to close this case. (Signed by Judge Jesse M. Furman on 2/11/2016) (tn)
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