Velez v. City of New York et al
| Jose Velez |
| Inspector Jack J. Trabitz, Detective Gil Vargas, Detective Patricia Stevens, ADA Phillis Mintz, Sergeant James Russo, Investigator J. Hippolyte, District Attorney Charles J. Hynes, John Doe and various John/Jane Does, ADA Jane Lubowitz, Sergeant Patrick McGuire, Detective Thomas J. Bresnahan, ADA Anthea H. Bruffee, City of New York, Police Officer Jonathan David and ADA Caroline R. Donhauser |
| 1:2011cv05527 |
| October 9, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| John Gleeson |
| Marilyn D. Go |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
33
ORDER granting 22 Motion to Dismiss for Failure to State a Claim; ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. For the reasons set forth in the attached order and on the record during oral argument today, I construe Velez's claims that th e defendants unconstitutionally destroyed or lost evidence as a successive habeas petition, which I transfer to the court of appeals. Velez is to submit to the court of appeals any supplemental papers in support of his petition by September 10, 2012. Defendants' 22 motion to dismiss is granted with respect to all remaining claims. The Clerk is respectfully directed to close the case. Ordered by Judge John Gleeson on 8/10/2012. (Sheketoff, Julia)
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