Jefferson v. Chicara et al
||Kevin L. Jefferson
||Judith Chicara, Carl Coe, County of Suffolk, John Ericksen, Gary Goe, Jack Joe, Noel Noe, Peter Poe and Will Woe
||October 8, 2013
||US District Court for the Eastern District of New York
||Central Islip Office
||Arlene R. Lindsay
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|March 26, 2015
MEMORANDUM & ORDER denying 27 Motion for Discovery; terminating 28 Motion to Dismiss; granting 16 Motion to Dismiss for Failure to State a Claim; granting 17 Motion to Dismiss for Lack of Jurisdiction; For the foregoing reasons, the Sta te Defendants' motion to dismiss (Docket Entry 17) is GRANTED, and the County Defendants' motion to dismiss (Docket Entry 16) is GRANTED; Plaintiff's claims are DISMISSED WITH PREJUDICE. Plaintiff's cross-motion for expedited dis covery (Docket Entry 27) is DENIED. As discussed in footnote two, the Clerk of the Court is directed to terminate the State Defendants' Letter Motion (Docket Entry 28.) The Clerk of the Court is directed to mark this case CLOSED and mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 3/26/2015. C/M; C/ECF (Valle, Christine)
|January 27, 2014
MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Plaintiff's application to proceed in forma pauperis is GRANTED and the Court ORDERS service of the Summonses and Complaint upon the County of Suffolk, Chicara, and Ericksen. Plaintiff's official capacity Section 1983 claims against Chicara, Ericksen, and Woe are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(iii) and 1915A(b)(2). The Clerk of the Court is further ordered to s erve a copy of the Complaint together with this Order on the Suffolk County Attorney and the New York State Attorney General. The Suffolk County Attorney's Office is requested to attempt to ascertain the full names of the unidentified Suffolk Co unty Police Officers and Suffolk County Corrections Officers who are described in the Complaint and to provide their names and address(es) where each such Defendant can be served to the Court and to Plaintiff within thirty (30) days of the date that this Order is served upon it. The Attorney General's Office is requested to attempt to ascertain the full name of the unidentified Parole Officer who is described in the Complaint and to provide his name and address where he can be served to the Court and to Plaintiff within thirty (30) days of the date that this Order is served upon it. 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. The Clerk of Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/27/2014. C/M (Valle, Christine)
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