Askew v. Two (2) Officers of the NYPD et al
||Two (2) Officers of the NYPD, Police Commissioner Ray Kelly and City of New York
||September 21, 2012
||US District Court for the Eastern District of New York
||Steven M. Gold
||Eric N. Vitaliano
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||28 U.S.C. § 1331 Fed. Question
|Jury Demanded By:
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|October 1, 2012
MEMORANDUM AND ORDER, granting Pltff's 2 Motion for Leave to Proceed in forma 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 claim 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 9/06/12 stop and frisk as identified by the Corporation Counsel. 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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