Black et al v. Pettitinato et al
| Theadore Black |
| All Parole Officers, C.O. Bradley, Dr. Cooper, Police Officer Damico, Lt. Doyle, EMT (C-76), Dr. Goldberg, Dr. Jane Doe, Senior P.O. Linda Jefferies, Dr. Kurtz, NY Divison of Parole, Parole Office, Brooklyn, Parole Officer, P.O. Payami, Parole Officer D. Pettitinato, Captain Quinones and Police Officer Santana (Santiago) |
| Otis Bantum |
| 1:2016cv03941 |
| July 5, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Roanne L. Mann |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
34
MEMORANDUM DECISION AND ORDER, Defendant's motion to dismiss is granted on the ground that the second amended complaint fails to state a claim. The Clerk is directed to enter judgment in favor of defendant, dismissing the second amended com plaint. The Court certifies pursuant to 28 U.S.C. § 19l5(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge Brian M. Cogan on 6/5/2017. (c/m)(fwd'd for jgm) (Lee, Tiffeny)
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Filing
8
MEMORANDUM DECISION AND ORDER: The amended complaint against defendants Quinones, Bradley, Kurtz, Cooper and Jane Doe is dismissed for failure to state a claim on which relief may be granted. No summons shall issue as to these def endants. The Clerk of Court is directed to amend the caption to reflect the dismissal of these parties from this action. Plaintiff's amended complaint against Dr. Goldberg may proceed. The Clerk of the Court is directed to issue a sum mons against defendant Goldberg and the United States Marshals Service is directed to serve the amended complaint and this Order on this defendant without prepayment of fees. A copy of this Order shall be served on the Special Litigation Division of the Corporation Counsel. The case is referred to the Honorable Roanne L. Mann, Chief 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 Brian M. Cogan, on 8/30/2016. C/mailed. (Parties: Quinones, Bradley, Kurtz, Cooper and Jane Doe are terminated.) (Latka-Mucha, Wieslawa)
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Filing
5
ORDER granting 2 Motion for Leave to Proceed in forma pauperis, the complaint is dismissed with leave to amend. The claims and all defendants concerning the search and plaintiffs arrest are dismissed from this action as duplicative, without prejud ice to Black v. Parole Officer Petitinato, No. 16Civ. 2320. The medical and mail claims remaining claims are dismissed with leave to amend within 20 days. Failure to timely file an amended complaint shall result in dismissal of this action. The Cour t certifies pursuant to 28:1915(a)(3) that any appeal from this order would not be taken in good faith, and so in forma pauperis is denied for purposes of any appeal Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 7/22/2016 ) c/m (Guzzi, Roseann)
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