Smart v. Mathews et al
| Ramon De Antonio Smart |
| Mathews, Filizzola, John Doe (s), Jane Doe (s), New York City Police Department 43rd Precinct, The City of New York, Samuel Zaroff and Anthony Piazza |
| 1:2008cv02203 |
| January 12, 2010 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Harold Baer |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Filing
50
ORDER that pursuant to FRCP 41(b), Plaintiff's Complaint is dismissed against the remaining Defendants WITHOUT PREJUDICE. Plaintiff, should he wish, may re-file if and when he is properly able to prosecute his case. The Clerk of the Court is instructed to close this case and remove it from my docket. (Signed by Judge Harold Baer on 1/12/10) (cd)
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Filing
42
ORDER, that the MDC staff make Plaintiff available for a telephone conference with counsel for the Defendants, City of NY, et al, on Friday, 4/10/09 at 2:00 pm and on Monday, 4/13/09 at 2:00 pm. Counsel for the Defendants mail copies of their pretrial submissions to Plaintiff at the MDC. ( Telephone Conference set for 4/10/2009 at 02:00 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 4/7/09) (cd)
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Filing
41
OPINION AND ORDER #97369: For the foregoing reasons, Defendants motion for summary judgment is GRANTED with respect to (i) all claims against the City of New York; (ii) all state law claims; (iii) Plaintiffs Section 1983 claims premised on false arre st, procedural due process violations, and violations of the First and Sixth Amendment against all Defendants, (iv) Plaintiffs Section 1983claims premised on malicious prosecution and use of excessive force against Defendants Zaroff and Piazza; and ( v) Plaintiffs Section 1983 claims premised on violations of the due process clause of the Fourteenth Amendment for the conditions of Plaintiffs pretrial detention against Defendants Matthews. Defendants motion for summary judgment is DENIED with respect to. (Signed by Judge Harold Baer on 3/30/9) (js) Modified on 4/2/2009 (mro).
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