Owens v. Oresto et al
| Ishmel T. Owens |
| James Oresto, Timothy D. Sini and Suffolk County Police Department |
| 2:2021cv05119 |
| September 13, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 7 Warden Letter from the Pro Se Department as to Ishmel T Owens. (Tirado, Chelsea) |
ORDER TO SHOW CAUSE. The Suffolk County Attorney's Office is directed to inform this Court of the status of any criminal proceedings, including the existence and status of any suppression motions, related to Plaintiff's claims. The Clerk of the Court is instructed to mail a copy of this Order to the County. Ordered by Judge Gary R. Brown on 11/1/2021. c/ecf (Cowan, Timothy)
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Filing 6
MEMORANDUM & ORDER granting #2 Motion for Leave to Proceed in forma pauperis - Based on the foregoing, plaintiff's application to proceed in forma pauperis is granted. However, plaintiff's complaint is dismissed in its entirety pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b). Plaintiff is granted leave to amend his excessive force claims arising from the alleged attack at the 5th Precinct. Any amended complaint shall: (1) bear docket number 21-CV-5119(GRB)(AYS); (2) be clearly labeled "amended complaint"; and (3) filed within 30 days from the date of this Order. Plaintiff is warned that a failure to timely file an amended complaint, absent a showing of good cause, will lead to the entry of judgment and this case will be closed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. The Clerk of Court is respectfully directed to serve a copy of this order to plaintiff at his address of record and note service on the docket. SO Ordered by Judge Gary R. Brown on 10/29/2021. (Tirado, Chelsea)
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| Filing 5 Letter from Pro Se Office to Plaintiff Porter acknowledging receipt of the civil action and providing plaintiff with the case number, Judge assignment and all appropriate case opening documents. CM 9/17/21(Grady, Jessica) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 3 Prisoner Authorization (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ishmel T. Owens. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Ishmel T. Owens. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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