Atuegwu v. Port Authority Police Department

Justia Dockets & Filings Third Circuit New Jersey District Court Atuegwu v. Port Authority Police Department

Atuegwu v. Port Authority Police Department

Plaintiff:	Chinwe N. Atuegwu
Defendant:	PORT AUTHORITY POLICE DEPARTMENT
Case Number:	2:2018cv09230
Filed:	May 15, 2018
Court:	US District Court for the District of New Jersey
Office:	Newark Office
County:	XX US, Outside State
Presiding Judge:	James B. Clark
Presiding Judge:	John Michael Vazquez
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983 bv
Jury Demanded By:	None

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Date Filed	Document Text
August 13, 2019	Filing 11 OPINION AND ORDER; that Plaintiff's First Amended Complaint fails to state a claim for intentional infliction of emotional distress or defamation. Plaintiff also fails to state a claim for assault with respect to the May 3, 2017 incident; that P laintiff is afforded thirty (30) days to file an amended complaint that cures the deficiencies as set forth above. Failure to file an amended complaint within this time will result in the dismissal of these claims with prejudice; that the remaining c laims in the First Amended Compliant may PROCEED; that the Clerk of the Court is directed to reopen this matter and file the First Amended Complaint (D.E. 9); that the Clerk shall mail to Plaintiff a transmittal letter explaining the procedure for co mpleting United States Marshal ("Marshal") 285 Forms ("USM-285 Forms"); that once the Marshal receives the USM-285 Form(s) from Plaintiff and the Marshal so alerts the Clerk, the Clerk shall issue summons in connection with each USM-285Form that has been submitted by Plaintiff, and the Marshal shall serve summons, the Complaint and this Order to the address specified on each USM-285 Form, etc.. Signed by Judge John Michael Vazquez on 8/13/2019. (ld, )
November 30, 2018	Filing 7 OPINION and ORDER: The Application to Proceed In Forma Pauperis is GRANTED; the Clerk of the Court is directed to file the Complaint; Plaintiff's Complaint is DISMISSED in its entirety; Plaintiff's claims that can be construed as an appeal of the municipal court judgment are DISMISSED with prejudice and the remainder of Plaintiffs claims are DISMISSED without prejudice; Plaintiff is afforded (30) days to file an amended complaint that cures the deficiencies as set forth above. Failure to file an amended complaint within this time will result in the entire case being dismissed with prejudice. Signed by Judge John Michael Vazquez on 11/30/2018. (n/m)(gl, ) (Main Document 7 replaced on 11/30/2018) (gl, ).

Date Filed

Document Text

August 13, 2019

Filing 11 OPINION AND ORDER; that Plaintiff's First Amended Complaint fails to state a claim for intentional infliction of emotional distress or defamation. Plaintiff also fails to state a claim for assault with respect to the May 3, 2017 incident; that P laintiff is afforded thirty (30) days to file an amended complaint that cures the deficiencies as set forth above. Failure to file an amended complaint within this time will result in the dismissal of these claims with prejudice; that the remaining c laims in the First Amended Compliant may PROCEED; that the Clerk of the Court is directed to reopen this matter and file the First Amended Complaint (D.E. 9); that the Clerk shall mail to Plaintiff a transmittal letter explaining the procedure for co mpleting United States Marshal ("Marshal") 285 Forms ("USM-285 Forms"); that once the Marshal receives the USM-285 Form(s) from Plaintiff and the Marshal so alerts the Clerk, the Clerk shall issue summons in connection with each USM-285Form that has been submitted by Plaintiff, and the Marshal shall serve summons, the Complaint and this Order to the address specified on each USM-285 Form, etc.. Signed by Judge John Michael Vazquez on 8/13/2019. (ld, )

November 30, 2018

Filing 7 OPINION and ORDER: The Application to Proceed In Forma Pauperis is GRANTED; the Clerk of the Court is directed to file the Complaint; Plaintiff's Complaint is DISMISSED in its entirety; Plaintiff's claims that can be construed as an appeal of the municipal court judgment are DISMISSED with prejudice and the remainder of Plaintiffs claims are DISMISSED without prejudice; Plaintiff is afforded (30) days to file an amended complaint that cures the deficiencies as set forth above. Failure to file an amended complaint within this time will result in the entire case being dismissed with prejudice. Signed by Judge John Michael Vazquez on 11/30/2018. (n/m)(gl, ) (Main Document 7 replaced on 11/30/2018) (gl, ).

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Plaintiff: Chinwe N. Atuegwu
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Defendant: PORT AUTHORITY POLICE DEPARTMENT
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