Askew v. 6 Officers of the N.Y.P.D. et al
| Timothy Askew |
| 6 Officers of the N.Y.P.D. and The City of New York |
| 1:2011cv04275 |
| September 1, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Eric N. Vitaliano |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, No objections were made to Chief Judge Gold's 3 Report and Recommendations. Instead, pltff filed amended complaints in both actions on 10/3/11 (i.e., after the R&R's entry but befo re this Memorandum and Order's entry). The Court makes no comment on the amended complaints at this time. The Court finds Chief Judge Gold's R&R as to the appropriate disposition of these matters to be correct, comprehensive, well-reasoned, and free of any clear error. The Court, therefore, adopts the R&R in its entirety as the opinion of the Court, and the complaints against the City filed on 9/1/11 are dismissed without prejudice. (Ordered by Judge Eric N. Vitaliano on 12/1/2011) c/m (Galeano, Sonia)
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Filing
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ORDER granting (2) Motion for Leave to Proceed in forma pauperis in case 11-cv-04276-ENV-SMG; granting (2) Motion for Leave to Proceed in forma pauperis in case 11-CV-04275. The Clerk of Court shall send a copy of this order and the complaints to the New York City Law Department and a copy of this order to plaintiff, at both his mailing address and his residence. No summonses shall issue at this time. REPORT AND RECOMMENDATIONS re (1 in 1:11-cv-04275-ENV-SMG) Complaint filed by Timothy Askew, (1 in 1:11-cv-04276-ENV-SMG) Complaint filed by Timothy Askew, respectfully recommending that the City of New York be dismissed from these actions, without prejudice to plaintiff's right to amend the complaint to include factual alleg ations that comply with Monell v. Dep't of Social Servs., 436 U.S. 658, 691, 98 S. Ct. 2018, 2036 (1978). ( Objections to R&R due by 9/26/2011). ORDER: Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam), t he Court requests that Corporation Counsel ascertain the full name(s) and service address(es) of the police officers who may have been involved in the June 22 and August 22, 2011 incidents. Corporation Counsel is hereby requested to produce the information specified above regarding the identities and service addresses of the arresting officers by October 10, 2011. Ordered by Chief Magistrate Judge Steven M. Gold on 9/8/2011. (O'Connor, Erin)
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