Ison v. New York City Police Department et al
||Cindy Horowitz, Police Officers John Doe 1, Police Officer John Doe 2, Matthew Kadushin, Police Officer Mui and New York City Police Department
||June 29, 2017
||US District Court for the Eastern District of New York
||Ann M Donnelly
||Ramon E. Reyes
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|July 27, 2017
MEMORANDUM AND ORDER, granting Plaintiff's Motion(s) for Leave to Proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff's claims against the New York City Police Department, Cindy Horowitz and Matthew Kadushin are dismissed. No summonses will issue as to these Defendants and the Clerk of Court is respectfully directed to amend the caption to reflect the dismissal of these Defendants. The Plaintiff's claims against Police Officer Mui, Police Officer Jo hn Doe 1 and Police Officer John Doe 2 of the 109th Precinct will proceed. The Clerk of Court is respectfully requested to issue a summons as to Police Officer Mui and the United States Marshal Service is respectfully requested to serve the summon s, complaint and this Order upon Police Officer Mui without prepayment of fees. As the true identities of Defendants John Doe 1 and John Doe 2 are unknown at this time, pursuant to Valentin v. Dinkins, 121F.3d72 (2d Cir. 1997) (per curiam ), the Court requests that the Corporation Counsel of the City of New York ascertain the full names of these John Doe defendants, who were allegedly involved in the incident that occurred on 6/7/2016 at Elmhurst Hospital. The Corporation Couns el is to provide the addresses where the defendants can be served, but need not undertake to defend or indemnify these individuals at this juncture. The Corporation Counsel is to produce the information specified regarding the identity of these defendants within 45 days from the entry of this Order. The Clerk of Court is respectfully directed to send a copy of this Order and the Plaintiff's 1 Complaint to the Corporation Counsel of the City of New York and to the Plaintiff. No summons will issue at this time. The case is referred to Magistrate Judge Ramon E. Reyes Jr. for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(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 Ann M Donnelly, on 7/27/2017. C/mailed. (Parties: New York City Police Department; Cindy Horowitz, Civilian Complaint Review Board/Record Access Officer; and Matthew Kadushin, Civilian Complaint Review Board/Record Access Officer terminated.) (Latka-Mucha, Wieslawa)
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