Sommer v. Spota et al
| Samuel Sommer |
| Jack Brown, Robert Dunn, Thomas Gill, Pierre Lundberg, Thomas Mansel, Dennis Rafferty and Thomas Spota |
| 1:2016cv03631 |
| June 27, 2016 |
| 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 |
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Filing
54
ORDER granting 49 Motion to Dismiss for Failure to State a Claim. For the reasons stated in the attached Memorandum and Order, defendants' Motion to Dismiss is granted and the Amended Complaint is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment, serve a copy of this Memorandum and Order and the judgment on pro se plaintiff, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 3/13/2019. (Abugo, Uzezi)
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Filing
6
ORDER denying 2 Motion for Leave to Proceed in forma pauperis and dismissing the County Court. The action is dismissed as to the County Court. No summons shall issue as to this defendant and the Clerk of Court is directed to amend the caption to indicate the dismissal of this defendant. In order to proceed with this action against the remaining defendants, plaintiff must pay the filing fee of $400 to the Clerk of Court, Eastern District of New York, within thirty (30) days from the dat e of this Order. If the filing fee is paid, the Clerk of Court shall prepare a summons and plaintiff shall effect service of process of the Summons and Complaint on each remaining defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. If plaintiff fails to comply with this Order within the time allowed and fails to pay the $400 filing fee, the Amended Complaint shall be dismissed and judgment shall enter. No summons shall issue at this time and all further proceedings sha ll be stayed for thirty (30) days. 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 and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to serve a copy of this Order on the plaintiff and to note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 12/12/2016. (Fletcher, Camille)
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