Simon v. Kidera et al
| Barry Simon |
| Thomas Kidera, N.Y.P.D. P.O. Aquino, Anthony Blanding, D.H.P.D. M.D.R. # 312793, Obafemi Himotied and Lesly Williams |
| 1:2011cv06161 |
| December 20, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Cheryl L. Pollak |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
32
ORDER adopting Report and Recommendation: Accordingly, this action is dismissed with prejudice. The Clerk of Court is directed to enter judgment in favor of defendants and close this case. Ordered by Chief Judge Carol Bagley Amon on 1/3/2013. (fwd for judgment) (Fernandez, Erica)
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Filing
9
MEMORANDUM AND ORDER: The Court grants Plaintiff's request to proceed in forma pauperi pursuant to 28 U.S.C. § 1915(a). The complaint is dismissed with prejudice as against defendant DHPDMDR # 312793 (HPD), and is dismissed withou t prejudice against defendants Kidera, Williams, Blanding, and Himotep for failure to state a claim. No summons shall issue against these defendants at this time. Plaintiff is granted leave to amend his complaint. The amended complaint must be sub mitted to the Court within 30 days from the date of this Order. Plaintiff's 8 request for a restraining order or order of protection is denied. The false arrest claim against Police Officer Aquino, Shield No. 948625, shall proceed. The Cler k of Court shall prepare a summons against this defendant and the United States Marshals Service shall serve the summons, complaint and a copy of this order upon defendant Aquino without prepayment of fees. A courtesy copy of the same papers shall b e mailed to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to the Honorable Cheryl L. Pollak, United States Magistrate Judge, for pretrial supervision. The Court certifies pursuant to 2 8 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Chief Judge Carol Bagley Amon, on 1/4/2012. C/mailed. (Latka-Mucha, Wieslawa)
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