Icangelo v. Officer John Doe

Icangelo v. Officer John Doe

Plaintiff:	Selwyn Icangelo
Defendant:	Officer John Doe
Case Number:	2:2013cv01638
Filed:	March 18, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Presiding Judge:	Arlene R. Lindsay
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 11, 2014	Filing 82 OPINION & ORDER granting 72 Motion to Dismiss Case as Frivolous. SO ORDERED that plaintiff's complaint is dismissed as to defendant John Kelly. With respect to named deft John Doe, badge number 1222 ("Doe"), the docketindicates that although the United States Marshals Service attempted to serve deft Doe, service was not completed because he could not be located at the precinct where service was attempted and the precinct declined to accept process without a name or tax identifi cation number. DE 24. Additionally, the amended complaint contains one specific reference to Doe, i.e., "plaintiff was secondly transported to central booking of Queens, New York, [at] approximately 9:00 a.m. by Detective John Doe, Shield no. 12 22." Thus, the amended complaint does not contain plausible facts to support a claim against Doe as required by Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Accordingly, the complaint is dismissed in its entirety and the Clerk of th e Court shall close this case. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/11/2014. (Florio, Lisa)
June 17, 2013	Filing 14 ORDER: SO ORDERED that the Court respectfully requests that the Clerk of the Court re-open this case, issue summonses and serve copies of the summonses and the amended complaint upon the defts, who are alleged to work from the 101st Precinct in Far R ockaway, Queens County. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 6/17/2013. (Florio, Lisa)

Date Filed

Document Text

July 11, 2014

Filing 82 OPINION & ORDER granting 72 Motion to Dismiss Case as Frivolous. SO ORDERED that plaintiff's complaint is dismissed as to defendant John Kelly. With respect to named deft John Doe, badge number 1222 ("Doe"), the docketindicates that although the United States Marshals Service attempted to serve deft Doe, service was not completed because he could not be located at the precinct where service was attempted and the precinct declined to accept process without a name or tax identifi cation number. DE 24. Additionally, the amended complaint contains one specific reference to Doe, i.e., "plaintiff was secondly transported to central booking of Queens, New York, [at] approximately 9:00 a.m. by Detective John Doe, Shield no. 12 22." Thus, the amended complaint does not contain plausible facts to support a claim against Doe as required by Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Accordingly, the complaint is dismissed in its entirety and the Clerk of th e Court shall close this case. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/11/2014. (Florio, Lisa)

June 17, 2013

Filing 14 ORDER: SO ORDERED that the Court respectfully requests that the Clerk of the Court re-open this case, issue summonses and serve copies of the summonses and the amended complaint upon the defts, who are alleged to work from the 101st Precinct in Far R ockaway, Queens County. 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. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 6/17/2013. (Florio, Lisa)

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