Forney v. Forney et al
| Alfonzo Forney |
| P.O. Arrindell, Sergeant Bergamo, P.O. Kevin Deleon, Demetrios A. Forney, John Doe, P.O. Jeffrey Soto and Sergeant Zollo |
| 1:2013cv07193 |
| December 16, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| William F. Kuntz |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
38
DECISION AND ORDER: Accordingly, the Court GRANTS Defendants' 28 motion to dismiss in its entirety. Further, the Court sua sponte dismisses Plaintiff's claims against private actor Demetrious Forney because Plaintiff has failed to, and cannot, allege that Defendant Forney acted under color of state law as required for a Section 1983 claim. The Clerk of Court is hereby directed close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any a ppeal 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 William F. Kuntz, II, on 3/30/2015. C/mailed to pro se Plaintiff. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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