Bare v. New York City Police Department et al
| Ramon Bare |
| Robert Smith, New York Police Headquarters, Kathy A. Martinez, Bi;lal M. Ates and New York City Police Department |
| 1:2019cv02352 |
| April 23, 2019 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| Pamela K Chen |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
ORDER: Plaintiff's motion for leave to proceed in forma pauperis is GRANTED. For the reasons stated in the attached, Plaintiff's 42 U.S.C. 1983 claims against the New York City Police Department ("NYPD"), the NYPD's 109th Precinct, and the New York City Police Headquarters are dismissed for failure to state a claim on which relief may be granted. No summons shall issue as to these Defendants. The Court also strikes Plaintiff's request to be released from custody as a remedy. Finally, the Court grants Plaintiff leave to amend his complaint, by July 29, 2019, to clarify the personal involvement of Defendants NYPD Detective Kathy Martinez, NYPD Detective Robert Smith, and NYPD Sergeant Bilal Ates in his arrest. 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 so in forma pauperis status is denied for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 6/28/2019. (Nadig, Alok)
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| Filing 9 Letter dated May 30, 2019 addressed to the Warden or Superintendent to forward copies of plaintiff's prison trust fund account and disburse the payments required 28 U.S.C. 1915 to the United States District Court for the Eastern District of New York from Douglas C. Palmer, Clerk of the Court. (Love, Alexis) |
| Filing 8 Prisoner Authorization filed by Ramon Bare dated May 24, 2019. (Attachments: #1 Copy of Document 6, #2 Copy of Document 7) (Love, Alexis) |
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Filing 7
ORDER: For the reasons stated in the attached, Plaintiff is granted an additional 30 days from the entry of this order to complete and submit the Prisoner Authorization Form, which the Court will mail to Plaintiff along with a copy of this order. If Plaintiff fails to submit the Prisoner Authorization Form by June 17, 2019, this action will be dismissed without prejudice. No further extensions shall be granted without good cause shown. Ordered by Judge Pamela K. Chen on 5/17/2019. (Nadig, Alok)
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| Filing 6 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that the enclosed Prison Litigation Reform Act Form must be corrected within fourteen (14) days. (Love, Alexis) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:19-cv-03343. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #3 Order, to Ramon Bare B&C# 349-18-043 Manhattan Detention Center 125 White Street 6 North New York, NY 10013. (vba) [Transferred from New York Southern on 4/23/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (rjm) [Transferred from New York Southern on 4/23/2019.] |
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Filing 3
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 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 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 4/16/2019) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/23/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 4/23/2019.] |
| Transmission to Office of the Clerk of Court. Transmitted re: #3 Order to the Office of the Clerk of Court for processing. (rjm) [Transferred from New York Southern on 4/23/2019.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Ramon Bare. (Bowens, Priscilla) |
| Filing 2 COMPLAINT against Bi;lal M. Ates, Kathy A. Martinez, New York City Police Department, New York Police Headquarters, Robert Smith. Document filed by Ramon Bare.(rdz) [Transferred from New York Southern on 4/23/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ramon Bare.(rdz) (rdz). [Transferred from New York Southern on 4/23/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 4/23/2019.] |
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