Gault v. NYPD et al
| Anthony E. Gault |
| Brooklyn Criminal Court District Attorney Office, City and State Fair Hearing Receptionist of New York, City and State of New York Food Stamps/Medicaid, Dunkin Donuts, Gloria Lee, Macdonalds, Robert Mercado, NYPD, Nardia and Office Staling |
| 1:2015cv00935 |
| February 23, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K. Chen |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
103
ORDER granting 84 and 85 Motion to Dismiss for Failure to State a Claim; denying 90 Motion to Dismiss for Failure to State a Claim. For the reasons stated in the attached Memorandum and Order, Mercado's motion to dismiss is denied, and Sta rling's motion to dismiss is granted. All claims against Starling are dismissed. The excessive force, false arrest, and malicious prosecution claims against Mercado, Lee, and the John Doe Defendants will proceed. Mercado's motion for a m ore definite statement is also denied. The court certifies pursuant to 28 U.S.C. s 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 9/29/2017. (Fletcher, Camille)
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Filing
57
AMENDED ORDER: For the reasons stated on the record in the 6/2/16 hearing before the Court, and to reflect the Court's modification of its prior application of the Eleventh Amendment immunity doctrine in its 9/11/15 Memorandum & Order, the Cour t hereby issues the attached Amended Memorandum & Order, amending its 11/30/15 order. Plaintiff should not take any further action as a result of this order, as the Court issues it merely to reflect rulings already made on the record at the 6/2/16 hearing. Ordered by Judge Pamela K. Chen on 6/8/2016. (Levanon, Neta)
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Filing
6
MEMORANDUM AND ORDER: Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. Plaintiff's claims against the New York City Police Department, City and State of New York Food Stamps/Medicaid, Cit y and State Fair Hearing Receptionist of New York, District Attorney Office, McDonald's, Dunkin Donuts, Brooklyn Criminal Court, and Nardia are dismissed. See 28 U.S.C. § 1915(e)(2)(B). To the extent that Plaintiff seeks to file a cl aim against the remaining three Defendants for false arrest and/or use of excessive force, he is granted thirty (30) days from the date of this order to file an amended complaint. If Plaintiff fails to file an amended complaint within the permitted t ime, the complaint will be dismissed in its entirety and judgment shall enter. No summons 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 f rom this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 9/11/2015. (Abdallah, Fida)
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