Marby v. City of New York et al
| Nathaniel Mabry |
| NYC Police Department et al and City of New York |
| 1:2013cv05018 |
| September 5, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Marilyn D. Go |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
7
MEMORANDUM & ORDER: The Court grants Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court finds that Plaintiff has failed to state a claim against the City of New York and the NYPD a nd therefore the Complaint is dismissed against those Defendants. The Court grants Plaintiff leave to amend his Complaint as directed by this Order within 30 days of the date of this Order. The Amended Complaint must be captioned, "Amended Co mplaint," and shall bear the same docket number as this Order. The Amended Complaint shall completely replace the original complaint. If Plaintiff fails to file an Amended Complaint within 30 days, the Complaint shall be dismissed without pre judice and a judgment shall be entered. Plaintiff's 3 request for the appointment of pro bono counsel is denied without prejudice to renew at a later time. 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 from this order 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 11/22/2013. C/mailed. (Latka-Mucha, Wieslawa)
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