Torres v. City of New York et al
| Francisco Torres |
| Operator(s) of the Brooklyn Adult Care Center, Jack Elie and City of New York |
| 1:2013cv07091 |
| December 11, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Allyne R. Ross |
| Ramon E. Reyes |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER: The Court grants plaintiff's 2 request to proceed in forma pauperis. The complaint is dismissed as to the City of New York pursuant to 28 U.S.C. § 1915(e)(2)(B). No summons shall issue as to this defendant. Plaintiff's claims arising under 42 U.S.C. §§ 1983, 1985, 1986, and 1988 against all defendants are also dismissed. The complaint shall proceed as to Jack Elie and the Brooklyn Adult Care Center based on plaint iff's disability discrimination claims and his pendant state-law breach of contract claim. The Clerk of Court shall issue a summons against these defendants and the United States Marshals Service shall serve the summons, complaint and a copy of this Order upon these defendants without prepayment of fees. This case is referred to the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge, for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) tha t any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Judge Allyne R. Ross, on 12/18/2013. C/mailed to pro se Plaintiff. (Party: City of New York terminated.) (Latka-Mucha, Wieslawa)
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