Panchitkaew v. Nassau County Police Department et al
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|Date Filed||#||Document Text|
|June 27, 2018
ORDER: SO ORDERED that the plaintiff's application to proceed in forma pauperis is granted, but the complaint is sua sponte dismissed as against Ryder and the NCPD for failure to allege a plausible claim for relief pursuant to 28 U.S.C. §1 915(e)(2)(B)(ii). Plaintiff's claims against Danzi and the John Doe officers shall proceed and the Court orders service of the summonses and complaint upon these defendants by the USMS. The Clerk of the Court is requested to issue a summons for Danzi and to forward the summons together with a copy of the complaint to the USMS for service upon this defendant forthwith. Because the USMS will not be able to serve the John Doe officers without more information, the Court requests that the Nassa u County Attorney ascertain the full names and service addresses of the unnamed officers who are alleged to have interacted with plaintiff on February 16, 2016. Accordingly, the Clerk of the Court shall serve a copy of the complaint together with thi s order on the Nassau County Attorney and the Nassau County Attorney's Office is requested to attempt to ascertain the full names of the unidentified individuals described in the complaint and to provide their names and address(es) where each su ch defendant can be served to the Court and to plaintiff within thirty (30) days of the date that this Order is served upon it. Once the information is provided to the Court by the Nassau County Attorney's Office, plaintiff's complaint shal l be deemed amended to reflect the full names of the unnamed defendants, summonses shall be issued as to those defendants, and the USMS shall serve those defendants. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from th is Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Joan M. Azrack on 6/27/2018. (CM to pro se via ECF/NEF; CM with a copy of the complaint to Nassau County Attorney via USPS standard mail) (Florio, Lisa)
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