Diggs v. DeBlasio et al
| Andre Diggs |
| Cynthia Brann, City of New York, Correctional Officer Cherry, Warden Matthews and Mayor Bill DeBlasio |
| 1:2019cv03371 |
| June 3, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 18, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 Prisoner Account Statement in regards to Andre Diggs from Mr. T. Scully, Director, Rikers Island Central Cashier. (Love, Alexis) |
Filing 8
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's claims are dismissed for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915A. 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 the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Because the Second Circuit has made clear that district courts "should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000), the Court grants Plaintiff thirty (30) days to file an amended complaint. If Plaintiff has a genuine basis to believe that Defendant Cherry violated Plaintiff's constitutional rights when strip-searching him, see Holland, 197 F. Supp. 3d at 542-43, then he should include facts in his amended complaint that would support this belief. Plaintiff is advised that the amended complaint will completely replace the complaint, must be captioned "Amended Complaint," and shall bear the same docket number as this Memorandum and Order. All further proceedings shall be stayed for 30 days or until further Order of the Court. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing this action. Ordered by Judge Pamela K. Chen on 7/18/2019. (Brodziak, Maya)
|
| Filing 7 Prisoner Authorization filed by Anthony Diggs dated June 17, 2019. (Love, Alexis) |
| Filing 6 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE only signed by plaintiff Andre Diggs on June 17, 2019. (Love, Alexis) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Andre Diggs. (Love, Alexis) |
| Filing 4 Prisoner Authorization filed by Andre Diggs dated June 17, 2019. (Love, Alexis) |
| Filing 3 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. (Williams, Erica) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Your IFP application does not contain enough information for the Court to consider your request. Please complete the enclosed IFP application. Please also complete the enclosed Prisoner Authorization form. (Williams, Erica) |
| Filing 1 COMPLAINT against Cynthia Brann, Cherry, City of New York, Bill DeBlasio, Matthews, filed by Andre Diggs. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) (Main Document 1 replaced on 6/12/2019) (Williams, Erica). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
