Alcantara v. Donaghue et al
| Cirilo Alcantara |
| Police Officer Richard DiGangi, John Doe, Danielle Donaghue and John Welburg |
| 1:2015cv05584 |
| September 25, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Robert M. Levy |
| Eric N. Vitaliano |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
86
MEMORANDUM & ORDER, Defendants' motion for summary judgment is granted in part and denied in part. The litigation may proceed solely as to Alcantara's failure-to-intervene claim. The parties are respectfully referred to Magistrate Judge Robert M. Levy for continued pre-trial management of this case. So Ordered by Judge Eric N. Vitaliano on 4/30/2022. (Lee, Tiffeny)
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Filing
10
ORDER: Plaintiff's request to proceed in forma pauperis is granted, pursuant to 28 U.S.C. § 1915. Alcantara's 42 U.S.C. § 1983 claim against Doctor John Doe is dismissed without prejudice for failure to state a claim on which relief may be granted. The Clerk of Court is directed to amend the caption accordingly. No summons shall issue as to this defendant, but plaintiff may amend his complaint and attempt to assert sufficient facts against the doctor stating the nature of the constitutional violation he claims the doctor committed. Plaintiff's complaint against the remaining defendants may proceed at this time. The Clerk of Court is directed to issue a summons against defendant police officers Daniel le Donaghue, Richard DiGangi, and John Welburg of the 122nd Precinct. The United States Marshals Service is directed to serve the complaint and a copy of this Order on these defendants without prepayment of fees. A copy of this Order shall also b e served on the Special Litigation Division of the Corporation Counsel. The case is respectfully referred to the Honorable Robert M. Levy, United States Magistrate Judge, for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. SO ORDERED by Judge Eric N. Vitaliano, on 2/2/2016. C/mailed. (Party: John Doe terminated.) (Latka-Mucha, Wieslawa)
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