Askew v. Three (3) Officers of the NYPD et al
| Timothy Askew |
| City of New York, Police Commissioner Ray Kelly and Three (3) Officers of the NYPD |
| 1:2012cv04773 |
| September 21, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Eric N. Vitaliano |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER, granting Pltff's 2 Motion for Leave to Proceed in ot bforma pauperis. The Clerk of Court shall send a copy of this order and the complaint to the NYC Law Dept. and a copy of this Order to pltff. No summonses shall issue at this time. Accordingly, the complaint, filed in forma pauperis, is dismissed as to the City of NY and Kelly pursuant to 28 USC sec. 1915(e)(2)(B). However, the Court grants pltff leave to file an amended complaint within 30 days in support of a cl aim against these defts as set forth above. If pltff fails to file an amended complaint w/in 30 days, the complaint shall proceed solely as to the three officers allegedly involved in the 9/17/12 stop and frisk as identified by the Corporation Counse l. The Court certifies pursuant to 28 USC sec. 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 purpose of an appeal. (Ordered by Judge Eric N. Vitaliano on 9/26/12) c/m (Galeano, Sonia)
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