Reed v. Cummo et al
| Jamel Reed |
| Detective Cummo and NYPD Special Victims Division |
| 1:2022cv00205 |
| January 13, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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ORDER: On March 2, 2022, plaintiff filed an amended complaint against defendant Cummo. See Am. Compl. (Dkt. #5). The operative complaint fails to correct the pleading deficiencies identified in the Court's sua sponte dismissal order. See Order dated Feb. 25, 2022 (Dkt. #4). Plaintiff alleges that after he was raped in October 2021, Cummo failed to adequately investigate his case. See Am. Compl. 5. For example, plaintiff alleges that Cummo "closed [the] case without permission [or a] signature" even though Cummo "watched [f]ootage" and that plaintiff never spoke to a district attorney. Ibid. Plaintiff suggests that the investigation was therefore unfair. See ibid. Plaintiff also states that Cummo's action amounted to "sex discrimination." Id. at 4, 5. As the Court explained in its initial dismissal order, plaintiff's allegations regarding the inadequate nature of Cummo's investigations do not state a claim under Section 1983. See Order dated Feb. 25, 2022 at 3. Likewise, plaintiff has not provided any additional factual allegations that would tend to support an assertion of sex discrimination. Plaintiff's sex discrimination allegations remain "conclusory," Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), and therefore fail to state a claim for an equal protection violation, see Order dated Feb. 25, 2022 at 3-4. Accordingly, the complaint is dismissed. Plaintiff may file a second amended complaint within thirty days of this order remedying the deficiencies described in this order and the initial dismissal order. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (quoting Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d. Cir. 1999) (per curiam)); see also Shomo v. City of New York, 579 F.3d 176, 183 (2d Cir. 2009). No summons shall issue at this time and all further proceedings shall be stayed for thirty days. If plaintiff fails to amend the complaint within thirty days from this Order, judgment shall be entered. Plaintiff is advised that the Court is unlikely to permit further attempts at amendment. 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 any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 3/2/2022. (Bell, Jason)
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| Filing 5 AMENDED COMPLAINT against Cummo, filed by Jamel Reed. (Herrera, Isaiah) |
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Filing 4
ORDER: Plaintiff's motion for leave to proceed in forma pauperis #2 is granted. For the reasons stated in the attached memorandum and order, plaintiff's claims against all defendants are dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B). Plaintiff may file an amended complaint within thirty days to remedy the deficiencies described in the order. No summons shall issue at this time and all further proceedings shall be stayed for thirty days. If plaintiff fails to amend the complaint within thirty days from this Order, judgment shall be entered. 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 any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 2/25/2022. (JB)
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| 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. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jamel Reed. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Jamel Reed. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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