Lopez v. Quay et al
| Rafael Lopez |
| Official Jane Doe, Lt. John Doe and Warden Herman Quay |
| United States Attorney's Office for the Eastern District of New York |
| 1:2017cv02744 |
| May 4, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Cheryl L. Pollak |
| William F. Kuntz |
| Prisoner: Civil Rights |
| 42:1983 Civil Rights Act |
| None |
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Filing
5
DECISION AND ORDER: Plaintiff's 2 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is GRANTED. All claims against Warden Herman Quay are dismissed. No summons shall issue as to this defendant and th e Clerk of Court is directed to amend the caption to reflect the dismissal of this defendant. Plaintiff's claims against MDC Lieutenant John Doe and MDC Officer Jane Doe shall proceed. The Court requests the United States Attorney's O ffice for the Eastern District of New York (the "Office") to ascertain the full names and service addresses of the John Doe and Jane Doe defendants allegedly involved in this 9/27/2016 incident. The Office is further requested to pro duce the information specified above regarding the identity and service addresses of the remaining defendants within 21 days from the entry of this Order. Once this information is provided, Plaintiff's Complaint shall be deemed amended to ref lect the full names and service addresses of the remaining defendants, summonses shall issue and the United States Marshal Service shall serve the summonses, the complaint, and this Order upon them without prepayment of fees. The Clerk of Court sh all send a copy of this Order to Plaintiff and to the Office. The case is referred to Magistrate Judge Cheryl L. Pollak for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § l915(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. SO ORDERED by Judge William F. Kuntz, II on 6/1/2017. C/mailed. (Latka-Mucha, Wieslawa)
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