Leibovitz v. The City of New York et al
Etan Leibovitz |
Assistant District Attorney Taylor Piscionere, Court Officer Marie Bennett, Clerk of the County Queens Civil Court Maureen Giddens, Deputy Bureau Chief Floyd Herring, Deputy Clerk John Barry, John Doe Shield #3814, John Doe Shield #6814, John Doe Shield #687, John Doe Shield #7910, John Does #1-16, Lieutenant O'Brien, Major Lowe, Queens County District Attorney Richard Brown, Supervisory Assistant District Attorney Kevin Fogarty and The City of New York |
1:2015cv01722 |
March 30, 2015 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Lois Bloom |
Kiyo A. Matsumoto |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
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Filing 43 ORDER granting 29 Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached Memorandum and Order, the State Defendants' motion to dismiss is granted. Because the court dismisses all federal claims in this ac tion with prejudice, the court declines to exercise supplemental jurisdiction over any remaining state law claims. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to plaintiff, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 9/20/2016. (McNulty, John) |
Filing 4 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in the enclosed Order, all claims against the City of New York, Queens County Civil Court Clerk Maureen Giddens, Queens County District Attorney Richard Bro wn, Deputy Bureau Chief Floyd Herring, Supervisory Assistant District Attorney Kevin Fogarty and Assistant District Attorney Taylor Piscionere are dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). No summonses shall issue as to th ese defendants. The Clerk of Court is directed to amend the caption and docket to reflect the dismissal of these defendants. Plaintiff's claims shall proceed against Deputy Clerk John Barry, Major Lowe, Court Officer Marie Bennett, Lieutenant O'Brien, Court Officers John Doe Shield #6814, John Doe Shield #3814, John Doe Shield #7910, John Doe Shield #687 and John Does #1-16. The United States Marshals Service is directed to serve the summons, complaint, and this order upon the remain ing defendants without prepayment of fees. A courtesy copy of the same papers shall be mailed to the Attorney General for the State of New York. All pretrial matters are referred to Magistrate Judge Lois Bloom. 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.Ordered by Judge Kiyo A. Matsumoto on 6/30/2015. (Alagesan, Deepa) |
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