McClenic v. Shmettan et al
| Daryle D. McClenic |
| Mr. Joseph Albergo, Nassau County Correctional Center, Nassau County Police Department and Mr. John Shmettan |
| 2:2015cv00705 |
| February 9, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Steven I. Locke |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
35
ORDER: For the reasons set forth (PLEASE SEE ORDER FOR FURTHER DETAILS), defendants motion to dismiss plaintiffs claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (1) is granted to the extent that (a) plaintiffs claims against ADA Maffei are dismissed in their entirety with prejudice for seeking monetary relief against a defendant who is immune from such relief, (b) plaintiffs claims against Sgt. Rothenberg are dismissed in their entirety with prejudice for failure to stat e a claim for relief, and (c) plaintiffs Section 1983 claims against Det. Shmettan and Det. Albergo alleging violations of his rights under the Second, Third, Sixth, Eighth, Ninth and Fourteenth Amendments to the United States Constitution are dismis sed in their entirety with prejudice for failure to state a claim for relief; and (2) is otherwise denied. For the sake of clarity, only plaintiffs claims under Section 1983 and state law seeking damages for false arrest and malicious prosecution aga inst Det. Shmettan and Det. Albergo remain in this action. There being no just reason for delay, the Clerk of the Court shall enter judgment in favor of ADA Maffei and Sgt. Rothenberg on all of plaintiffs claims against them pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. 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, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). So Ordered by Judge Sandra J. Feuerstein on 7/15/2016. (Ortiz, Grisel)
|
|
Filing
11
ORDER: SO ORDERED that the Clerk of the Court shall: (1) issues summonses as to Det. Shmettan, Det. Albergo, Sgt. Rothenberg and ADA Maffei (collectively, defts); (2) forward copies of the summonses, the amended complaint, the April 28, 2015 order, the Notice of Hearing dated June 30, 2015 and this order to the United States Marshal Service for service upon defts without prepayment of fees; and (3) mail copies of this order and the Notice of Hearing dated June 30, 2015 to plaintiff at his last known address and record such service on the docket. 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 6/30/2015. (Florio, Lisa)
|
|
Filing
7
MEMORANDUM & ORDER: SO ORDERED that plaintiffs application to proceed in forma pauperis is granted; plaintiffs Section 1983 claims against the Jail and Police Department are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915( e)(2)(B)(ii) and 1915A(b)(1); and plaintiffs Section 1983 claims against Mr. Shmettan, Mr. Albergo, and as construed to be against the County, are sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1 ), unless plaintiff files an amended complaint in accordance with this Order on or before June 1, 2015. The amended complaint must be captioned as an Amended Complaint and bear the same docket number as this order. Pursuant to Rule 77(d)(1) of the Fe deral Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon plaintiff in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. 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 4/28/2015. (Florio, Lisa)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
