Panzardi v. Jensen et al
||Deborah Brewer and Paul Jensen
||August 7, 2013
||US District Court for the Eastern District of New York
||Margo K. Brodie
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|February 20, 2015
MEMORANDUM AND ORDER, For the reasons set forth herein, Pltff's due process claim related to the administration of medicine to his child w/o his consent shall proceed. The remaining claims are dismissed. The Clerk of Court shall issue a summons to Defts, and to the US Marshals Service is directed to serve the summons, Second Amended Complaint and a copy of this Memorandum and Order, as well as the Court's Memorandum and Order dated 3/7/14, upon Defts w/o prepayment of fees. 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 purpose of an appeal. (Ordered by Judge Margo K. Brodie on 2/18/2015) c/m (Galeano, Sonia)
|March 7, 2014
MEMORANDUM & ORDER: The Court grants Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff's claims for injunctive relief are dismissed for lack of subject matter jurisdiction, pur suant to Fed. R. Civ. P. 12(h)(3). Plaintiff's § 1983 claims for damages are dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is granted leave to amend his § 1983 claims for damages. A ny amended complaint must be filed within 30 days of the date of this order. The amended complaint must be captioned "Second Amended Complaint" and bear the same docket number as this order. Plaintiff must use his sons initials in any co rrespondence, rather than his son's full name. All documents containing information regarding his son's care that Plaintiff seeks to file with the Court must be filed under seal. If Plaintiff fails to file a second amended complaint, the Amended Complaint will be dismissed. No summonses shall issue at this time, and all further proceedings shall be stayed for 30 days. 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 3/7/2014. C/mailed. (Latka-Mucha, Wieslawa)
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