Hayward v. The City of New York et al
| David Hayward |
| P.O. Jeffrey Hill, P.O. John Doe and The City of New York |
| 1:2012cv03220 |
| June 25, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Cheryl L. Pollak |
| Eric N. Vitaliano |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
27
MEMORANDUM AND ORDER. Hayward's federal malicious prosecution claim is dismissed with prejudice. All other claims are dismissed without prejudice. Leave to replead the surviving federal claims in an amended complaint in this actio n is granted to the extent that Hayward can do so in good faith. Leave is also granted to replead Hayward's state claim in a state court of appropriate jurisdiction. The further pleadings for which leave has been granted must be filed wi thin 30 days of the entry of this Memorandum and Order on the Court's docket. If plaintiff fails to timely file the amended complaint in this action, the case will be dismissed with prejudice and judgment entered against plaintiff. Ordered by Judge Eric N. Vitaliano on 8/25/2013. (Siegfried, Evan)
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Filing
8
MEMORANDUM AND ORDER, granting Pltff's 2 Motion for Leave to Proceed in forma pauperis; granting Pltff's 5 Motion for Leave to Proceed in forma pauperis. All claims against the City of NY and P.O. John Doe are dismissed without preju dice pursuant to 28 USC sec. 1915A. No summonses shall issue as to these defts and the Clerk of Court is directed to amend the caption to reflect their dismissal. Pltff's claims, however, shall proceed against P.O. Jeffrey Hill of the 73rd Pct. The US Marshal Service is directed to serve the summons, complaint, and this Memorandum and Order upon the remaining deft without prepayment of fees. A courtesy copy of the same papers shall be mailed to the Corporation Counsel for the City of NY. Al l pretrial matters are referred to USMJ Pollak. The court certifies pursuant to 28 USC sec. 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 an appeal. (Ordered by Judge Eric N. Vitaliano on 8/15/2012) c/m (Galeano, Sonia)
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