Igartua v. John Doe "Detectives in the 79th Precinct"
| Edna Igartua |
| One Police Department (79th) Precinct and Police Officer Danny Su |
| Office of the Corporation Counsel |
| 1:2021cv06001 |
| October 27, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Eric N Vitaliano |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 8 SUMMONS ISSUED Issued as to Police Officer Danny Su. (Courtesy copies of the Summons, the Court's Orders dated 12/21/2021, 11/3/2021 and Plaintiff's #1 Complaint sent to the Office of the Corporation Counsel via first class mail.) (Latka-Mucha, Wieslawa) |
Filing 7
ORDER: The Office of the Corporation Counsel writes in response to the Court's 11/3/2021 Valentin #5 Order. The Clerk of Court shall amend the caption as set forth above and shall issue a summons for defendant Police Officer Danny Su, Shield No. 13167. The Court directs the United States Marshals Service to serve the summons and #1 Complaint upon Su at the above address without prepayment of fees. SO ORDERED by Magistrate Judge Lois Bloom, on 12/21/2021. (Defendant's Name has been updated.) C/mailed (Latka-Mucha, Wieslawa)
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| Filing 6 Letter Responding to Courts Order Dated November 3, 2021 by Office of the Corporation Counsel (Bahrenburg, Richard) |
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Filing 5
MEMORANDUM and ORDER: All claims against the New York City Police Department and 79th Police Precinct are dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). No summons shall issue as to these defendants and the Clerk of Court is directed to amend the caption to reflect the dismissal of these defendants. Igartua's request for pro bono counsel is denied without prejudice. Igartua's claims against John Doe "Detectives in the 79th Precinct" shall proceed. The Court requests that Corporation Counsel ascertain the full name and service address of the John Doe police officer who allegedly falsely arrested Igartua on November 29, 2020, between 7:00pm and 8:30pm at Vanburen Street and Throop Avenue in Brooklyn, New York. See Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam).Corporation Counsel need not undertake to defend or indemnify this individual at this time. This Order merely provides a means by which plaintiff may name and properly serve the defendant as instructed by the Second Circuit in Valentin. Corporation Counsel shall produce the information specified above regarding the identity and service address of the remaining defendant within forty-five (45) days from the entry of this Order. Once this information is provided, Igartua's complaint shall be deemed amended to reflect the full name and service address of the remaining defendant, a summons shall issue and the United States Marshal Service shall serve the summons, the complaint, and this Order upon the remaining defendant without prepayment of fees. The Clerk of Court shall send a copy of this Order to Igartua and to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to Magistrate Judge Lois Bloom for pretrial supervision. 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO Ordered by Judge Eric N. Vitaliano on 11/3/2021. (Tavarez, Jennifer)
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| Filing 4 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 3 MOTION to Appoint Counsel by Edna Igartua. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Edna Igartua. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against One Police Department (79th) Precinct, filed by Edna Igartua. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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