Poole v. NYC et al
| Darin Poole |
| NYC and NYPD |
| 1:2018cv00443 |
| January 22, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Ramon E. Reyes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
48
MEMORANDUM AND ORDER. For the reasons in the attached Memorandum and Order, the Court grants Defendants' motion and dismisses Plaintiff's deprivation of property, unlawful search, false arrest, malicious prosecution, discrimination, and def amation claims. The Court grants Plaintiff thirty days from the date of this Memorandum and Order to amend the Amended Complaint as to his equal protection and defamation claims. If a second amended complaint is not filed within the time specified, t he Court will dismiss these claims. The Clerk of Court is directed to mail a copy of this Memorandum and Order to Plaintiff at his address of record. Ordered by Chief Judge Margo K. Brodie on 2/23/2021. (Valentin, Winnethka) Modified on 2/23/2021 (Valentin, Winnethka).
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Filing
8
MEMORANDUM & ORDER: Accordingly, the Court dismisses the Amended Complaint against the NYPD as a non-suable entity and the City for failure to state a claim. The Court directs the Clerk of Court to amend the caption to include only Poli ce Officers John Doe # 1 and 3 and Sergeant John Doe # 2 as Defendants. Service of process shall be stayed until the United Marshals Service is provided with the identifying information and service addresses for the John Doe Defendants. The Court directs the Corporation Counsel for the City of New York in accordance with Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), to ascertain the full names of the individuals alleged to be Police Officer John Doe # 1 and 3 and Se rgeant John Doe # 2, and provide the address where these individuals can be currently served within forty-five (45) days from the date of this Memorandum and Order. Once the officers have been identified and their service address provided, Plaintiff 's Amended Complaint shall be deemed amended to reflect the full names of these individuals as defendants, summonses shall be issued, and service shall be ordered without prepayment of fees. The Clerk of Court shall serve this Memorandum and Ord er, the Complaint, and the Amended Complaint on the Corporation Counsel for the City of New York, Federal Civil Litigation Division, and this Memorandum and Order on Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appe al would not be taken in good faith, and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 10/4/2018. C/mailed. (Defendants: Police Officer John Doe # 1; Sergeant John Doe # 2; and Police Officer John Doe # 3 added. NYC and NYPD terminated.) (Latka-Mucha, Wieslawa)
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Filing
6
MEMORANDUM & ORDER: The Court grants Plaintiff's 1 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 solely for the purposes of this Memorandum and Order. The Court dismisses the 2 Complaint for failure t o state a claim. The Court grants Plaintiff 30 days from the date of this Memorandum and Order to file an amended complaint. If Plaintiff fails to timely file an amended complaint, the Court will enter judgment dismissing this action for the reasons set forth above. The Court stays all further proceedings for 30 days. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith, and therefore in for ma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 6/25/2018. (Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa)
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