Brown v. Nassau Count D.A. et al
| George Brown |
| Freeport Police Department and Nassau County D.A. |
| 2:2013cv04047 |
| July 15, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Sandra J. Feuerstein |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
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MEMORANDUM and ORDER: SO ORDERED that plaintiff's application to proceed in forma pauperis in the second action is granted; the above-designated actions are sua sponte consolidated for all purposes, including trial, to proceed under docket numbe r 13-cv-4047; plaintiffs Section 1983 claims seeking release from custody are sua sponte dismissed pursuant to 28 U.S.C. §§1915(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim for relief, without prejudice to filing a petition see king a writ of habeas corpus pursuant to 28 U.S.C. § 2241, et seq.; plaintiffs Section 1983 claims seeking damages are stayed pending termination of the underlying criminal proceedings against him; and plaintiffs Section 1983 claims against Mora lles, Robinson and ATM Real Estate are sua sponte dismissed in their entirety with prejudice pursuant to 28 U.S.C.§§ 1915(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim for relief unless, within thirty (30) days from the date thi s case is re-opened, plaintiff files an amended complaint in accordance with this Order. The Clerk of Court shall: (1) reopen the lead case for the limited purpose of consolidating the first and second actions and amending the caption of the lead cas e in accordance with this Order, (2) administratively close the action under docket number 13-cv-6514; (3) administratively close the consolidated lead case, with leave to reopen within two (2) weeks of the termination of the underlying criminal proc eedings against plaintiff; and (4) pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. No summons shall issue at this time. 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 1/23/2014. (Florio, Lisa)
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Filing
6
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiff's application to proceed in forma pauperis is granted; plaintiff's Section 1983 claims seeking release from custody are sua sponte dismissed pursua nt to 28 U.S.C. §§ 191 S( e)(2)(B)(ii) and 191 SA(b)(l) for failure to state a claim for relief, without prejudice to filing a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241, et seq.; and plaintiff's Section 1983 claims seeking damages are stayed pending termination of the underlying criminal proceedings against him. The Clerk of the Court shall administratively close this case, with leave to reopen within two (2) weeks of the termination of the underly ing criminal proceedings against plaintiff. No summons shall issue at this time. 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 10/9/2013. (Florio, Lisa)
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