Sommerville v. NYPD et al
| Wesley Sommerville |
| Michael Guevara, Detective John Wright, Kelly, NYPD and Detective Lindsey Faye |
| 1:2012cv00165 |
| January 13, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joan M. Azrack |
| Kiyo A. Matsumoto |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
41
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Upon a careful review of the record and Judge Azracks well-reasoned and very thorough Report and Recommendation, the court finds no clear error and hereby affirms and adopts the Report and Recommendation in its entirety as the opinion of the court. Accordingly, defendants motion to dismiss is denied in its entirety. The Clerk of the Court is respectfully directed to serve a copy of this order upon pro se plaintiff at his address of record on the docket within two days of the date of this Order. Ordered by Judge Kiyo A. Matsumoto on 2/25/2014. (Tsai, Denise)
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Filing
9
MEMORANDUM AND ORDER, granting plaintiff's motion to proceed in forma pauperis. Plaintiff's claims against defendant NYPD are dismissed with prejudice. No summons shall issue as to this defendant; and it is further ORDERED that plaintiff's claims against Confidential Informant # 06-001752, Detective Faye, and Mr. Guevara are dismissed for failure to state a claim. No summons shall issue as to these defendants. The United States Marshals Service is directed to serve the summons and complaint upon Detective John Wright and Sergeant Kelly, without prepayment of fees. It is further ORDERED that this case be referred to the Honorable Joan M. Azrack, United States Magistrate Judge, for pretrial supervisi on. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Judge Kiyo A. Matsumoto, on 2/29/2012. C/mailed. (Latka-Mucha, Wieslawa)
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