May v. Levy et al

May v. Levy et al

Case Number:	1:2021cv03586
Filed:	July 29, 2022
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act

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Date Filed	Document Text
March 7, 2023	Filing 37 ORDER. For the reasons stated in the attached Memorandum and Order, the Court ADOPTS in part and MODIFIES in part Magistrate Judge Bloom's well-reasoned 23 Report and Recommendation, and GRANTS in part and DENIES in part Defendants' 17 , 22 motions to dismiss. The Court DENIES Nassau County Defendants' Rule 12(b)(5) motion to dismiss for insufficient service of process, adopts Magistrate Judge Bloom's alternative recommendation that the time for service be extended, an d GRANTS a 60-day extension of time for pro se Plaintiff to complete proper service. The Court GRANTS Nassau County Defendants' Rule 12(b)(1) motion to dismiss all claims against Defendant Levy for lack of subject matter jurisdiction. T he Court GRANTS Nassau County Defendants' and Defendant Neefus's Rule 12(b)(6) motions to dismiss Plaintiff's false arrest claims. The Court DENIES Nassau County Defendants' and Defendant Neefus's Rule 12(b)(6) motions to di smiss Plaintiff's excessive force claims as to Defendants Holmes and Lee, and GRANTS the motions to dismiss as to Defendants Oswald and Neefus. Within fourteen days of this Memorandum and Order, Nassau County Defendants shall provide via ECF, and with service at Plaintiff's correct address, the correct addresses for completion of service on any remaining defendant, including business and/or residential addresses where the summons and complaint may be properly delivered and maile d. Magistrate Judge Bloom is respectfully requested to issue an order-and hold a conference if necessary-determining which defendants must still be served, where they must be served and by what methods Plaintiff can properly effect service, and by w hat date. Plaintiff shall have sixty days to complete proper service from the date of Magistrate Judge Bloom's order.The Clerk of Court is respectfully directed to terminate Defendants Levy, Oswald, and Neefus from the case and serve a copy of this Memorandum and Order on pro se Plaintiff and note service on the docket by March 8, 2023. Ordered by Judge Kiyo A. Matsumoto on 3/7/2023. (AA)
July 29, 2022	Filing 32 ORDER denying 29 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. For the reasons set forth in the attached Order, Plaintiff's request for temporary restraining order and preliminary injunction is respectfull y DENIED. 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, 44445 (1962). Counsel for the Nassau County Defendants is respectfully directed to serve pro se Plaintiff both at the facility and at her last known address and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 7/29/2022. (Ahn, Lois)

Date Filed

Document Text

March 7, 2023

Filing 37 ORDER. For the reasons stated in the attached Memorandum and Order, the Court ADOPTS in part and MODIFIES in part Magistrate Judge Bloom's well-reasoned 23 Report and Recommendation, and GRANTS in part and DENIES in part Defendants' 17 , 22 motions to dismiss. The Court DENIES Nassau County Defendants' Rule 12(b)(5) motion to dismiss for insufficient service of process, adopts Magistrate Judge Bloom's alternative recommendation that the time for service be extended, an d GRANTS a 60-day extension of time for pro se Plaintiff to complete proper service. The Court GRANTS Nassau County Defendants' Rule 12(b)(1) motion to dismiss all claims against Defendant Levy for lack of subject matter jurisdiction. T he Court GRANTS Nassau County Defendants' and Defendant Neefus's Rule 12(b)(6) motions to dismiss Plaintiff's false arrest claims. The Court DENIES Nassau County Defendants' and Defendant Neefus's Rule 12(b)(6) motions to di smiss Plaintiff's excessive force claims as to Defendants Holmes and Lee, and GRANTS the motions to dismiss as to Defendants Oswald and Neefus. Within fourteen days of this Memorandum and Order, Nassau County Defendants shall provide via ECF, and with service at Plaintiff's correct address, the correct addresses for completion of service on any remaining defendant, including business and/or residential addresses where the summons and complaint may be properly delivered and maile d. Magistrate Judge Bloom is respectfully requested to issue an order-and hold a conference if necessary-determining which defendants must still be served, where they must be served and by what methods Plaintiff can properly effect service, and by w hat date. Plaintiff shall have sixty days to complete proper service from the date of Magistrate Judge Bloom's order.The Clerk of Court is respectfully directed to terminate Defendants Levy, Oswald, and Neefus from the case and serve a copy of this Memorandum and Order on pro se Plaintiff and note service on the docket by March 8, 2023. Ordered by Judge Kiyo A. Matsumoto on 3/7/2023. (AA)

July 29, 2022

Filing 32 ORDER denying 29 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. For the reasons set forth in the attached Order, Plaintiff's request for temporary restraining order and preliminary injunction is respectfull y DENIED. 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, 44445 (1962). Counsel for the Nassau County Defendants is respectfully directed to serve pro se Plaintiff both at the facility and at her last known address and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 7/29/2022. (Ahn, Lois)

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