Klos v. Bligh et al
| Thomas Klos |
| John Bligh, Child Protective Services, Chester Clark, Jane Doe 2:13cv5449, John Doe 2:13cv5449, Karissa Karn, Robert Phaneuf and The Legal Aid Society of Nassau County |
| 2:2013cv05449 |
| September 24, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
40
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts Judge Lindsay's R&R in its entirety and dismisses thisaction for failur e to prosecute. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case and to mail a copy of this Order to theplaintiff at his last known address. So Ordered by Judge Joan M. Azrack on 7/27/2018. (c/m to pro se) (Ortiz, Grisel)
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Filing
6
OPINION & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that Plaintiff's claims against defts Bligh, Clark, Kam and Phaneuf are sua sponte dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C . § 1915(e)(2)(B)(ii) and l915A(b)(l) to the extent plaintiff sues these defts in their official capacities. To the extent they are sued in their individual capacities, the claims against defts Bligh, Clark, Kam and Phaneuf shall proceed. Plaint iff's claims against the Legal Aid Society of Nassau County and John Doe are sua sponte dismissed with prejudice for failure to state claim pursuant to 28 U.S. C. § 1915(e)(2)(B)(ii) and 1915A(b)(l). Plaintiff's claims against Child Pr otective Services are sua sponte dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 1915A(b)(l), unless plaintiff files an amended complaint within thirty (30) days of the date this Order is signe d. The claims against Jane Doe are dismissed with prejudice to the extent she is sued in her official capacity pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 1915A(b)(l) unless plaintiff files an amended complaint within thirty (30) days of the d ate this Order is signed. The claims against Jane Doe in her individual capacity shall proceed. The Nassau County Attorney is hereby requested to produce the information specified above regarding the Child Protective Services' files concerning plaintiff for service on plaintiff and the Court within two (2) weeks of the date on which he or she is served with this Order. Once this information is provided to plaintiff, the complaint will be amended to include the name for the deft currently i dentified as Jane Doe of Child Protective Services. At that time, the Clerk of the Court shall issue a summons and shall forward copies of the summons and the complaint to the United States Marshal Service for service upon the deft currently identifi ed as Jane Doe without prepayment of fees. The Clerk of the Court shall: (1) issue summonses for defts John Bligh, ChesterClark, Karissa Kam and Robert Phaneuf; (2) forward copies of the summonses, the complaint and this Order to the United States Ma rshal Service for service upon the individual defts without prepayment of fees; (3) send a copy of the complaint and this Order to the Nassau County Attorney; and (4) serve notice of entry of this Order upon plaintiff in accordance with Federal Rule of Civil Procedure 77(d)(l). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order wou1d 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. CM with a copy of complaint to Nassau County Attorney. Ordered by Judge Sandra J. Feuerstein on 7/31/2014. (Florio, Lisa)
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