Williams v. City of New York et al
||Richard Brown, City of New York, Mr. Alberto Garcia, NYPD Officer Amadee Jean-Louis and New York City Police Department
||February 9, 2018
||New York Eastern District Court
||Eric N. Vitaliano
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
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|November 28, 2018
MEMORANDUM AND ORDER, Accordingly, plaintiffs claims against the City of New York are dismissed pursuant to 28mU.S.C. § 1915(e)(2)(B); no summons shall issue as to that defendant. The amended complaint shall proceed solely as to Officer Jean-Lou is as set forth above. The Clerk of Court is directed to issue a summons against Officer Jean-Louis. The United States Marshal Service is directed to serve the summons and amended complaint on Officer Jean-Louis without prepayment of fees. The Clerk of Court is further directed to mail a copy of this order, the summons, and the amended complaint to Corporation Counsel for the Cityof New York, Special Federal Litigation Division, and to mail a copy of this order to pro se plaintiff. The Court cer tifies, 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, 82 S. Ct. 917, 8 L.Ed. 2d 21 (1962). This matter is respectfully referred to the Honorable James Orenstein, United States Magistrate Judge, for pretrial supervision.(Ordered by Judge Eric N. Vitaliano on 11/16/2018) c/m (Galeano, Sonia)
|September 17, 2018
MEMORANDUM AND ORDER: Pursuant to the attached Memorandum and Order, plaintiff's motion to proceed in forma pauperis 2 is granted, but the complaint is dismissed as to defendants Garcia, NYPD, City of New York, and District Attorney Ric hard Brown. The complaint is dismissed against Police Officer Jean-Louis, but with leave to amend for the purpose of asserting a false arrest claim as set forth in the opinion. Plaintiff is granted leave to file an amended complaint, against Police O fficer Jean-Louis only, within 30 days from the entry of this Memorandum and Order. Any amended complaint must be captioned "Amended Complaint" and bear the docket number 18-CV-921 (ENV)(JO). The amended complaint must state (1) the date of plaintiff's arrest, (2) the name of the officer(s) who arrested him, (3) the exact charge(s) for which he was arrested, and (4) whether the case is ongoing or has been dismissed. The amended complaint shall replace the original complaint and be reviewed for compliance with this Memorandum and Order. If plaintiff elects not to file an amended complaint, or fails to do so in a timely manner, judgment shall be entered dismissing this action in its entirety. All other proceedings in this case are stayed until further order of the Court. 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 a ppeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to plaintiff. Ordered by Judge Eric N. Vitaliano on 9/08/2018. (Syed, Sofie)
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