Ward v. City of New York et al
| Kenneth J. Ward, Jr. |
| John Barry, Marie Bennett, Richard Brown, City of New York, Carl Diaquoi, Doe 1-10, Does #1-16, Kevin Fogarty, Judge Lenora Gerald, Maureen Giddens, Angela Harper, Floyd Herring, John Doe Shield #3814, John Doe Shield #6814, John Doe Shield #6871, John Doe Shield #7910, Scott Kessler, James Lombardo, Major Lowe, Lieutenant O'Brien, Office of Court Administration, Taylor Piscionere, Kelly Sessons, Leann Staines and State of New York |
| 1:2015cv04175 |
| July 15, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Ramon E. Reyes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
124
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: No party has objected to the R&R, and the time for doing so has passed. When deciding whether to adopt an R&R, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). To accept those portions of the R&R to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks and citation omitted). I have reviewed the record and, finding no clear error, I adopt the R&R as the opinion of the Court. Accordingly, Defendant's third motion to dismiss for failure to prosecute, (D.E. # 117 ), is granted, and the action is dismissed with prejudice. Ordered by Judge Carol Bagley Amon on 11/9/2020. (fwd for judgment) (Fernandez, Erica)
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Filing
9
MEMORANDUM & ORDER: Claims against Judge Lenora Gerald; the State of New York Office of Court Administration; Queens DA Richard Brown; Deputy Bureau Chiefs Floyd Herring and Scott Kessler; ADAs Kevin Fogarty, Taylor Piscionere, Kelley Sesso ns, Angela Harper, and Leanne Staines; Clerk of Queens County Civil Court Maureen Giddens; and Deputy Clerk John Barry are dismissed. The Clerk of Court is respectfully directed to update the case caption accordingly. Although Ward's remainin g claims may ultimately be subject to dismissal, the Court declines to dismiss them at this time because the issues raised are sufficiently complex to warrant notice and motion practice. Ward's 2 motion to proceed in forma pauperis ("IFP") is therefore granted. The United States Marshals Service is respectfully directed to serve the summons and complaint upon the remaining defendants without prepayment of Ward's fees. Ward is directed to provide addre sses for these defendants within 30 days of the date of this Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP status is denied for the purpose of any appeal. SO ORDERED by Judge Carol Bagley Amon on 5/23/2016. (Docket sheet updated.) C/mailed. (Latka-Mucha, Wieslawa)
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