Tavares v. City of New York et al
| Pedro Juan Tavares |
| City of New York, Bureau of Correction Dept., Emmanuel Bailey, Glover, Pee, Jean and John Doe |
| 1:2008cv03782 |
| April 22, 2008 |
| US District Court for the Southern District of New York |
| Prisoner: Prison Condition Office |
| Queens |
| James C. Francis |
| Jed S. Rakoff |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
75
OPINION AND ORDER re: 69 MOTION for Summary Judgment filed by Drain, Pennant, Venessa Singliton, Glover, Emmanuel Bailey, Jean, City of New York. Careful review of the Report reveals that there is no facial error in its conclusions. Pursuant to 28 U.S.C. § 636(b)(1), this Court made a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon such review, and after reviewing the submissions, the Court adopts the Report and Recommendat ion in all respects. Accordingly, the Court grants summary judgment to the Defendants. The Clerk of the Court is directed to enter final judgment and to close item number 69 on the docket of this case. In addition, the Court declines to issue a cert ificate of appealability. Plaintiff has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir.2005). The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438,445 (1962). (Signed by Judge Paul A. Engelmayer on 11/23/2011) (lmb)
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Filing
48
ORDER re plaintiff's motion to amend the complaint: Response due by 3/12/2010 Reply due by 3/26/2010. (Signed by Magistrate Judge James C. Francis on 3/1/10) Copies sent by chambers.(cd)
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Filing
44
ORDER granting in part and denying in part 28 Motion for for an order that pursuant to the Court Rule 15(a) of the F.R.C.P., that the amended complaint filed on 3/3/09 be allowed by this Honorable Court on the granting of this motion. Document file d by Pedro Juan Tavares. For the reasons discussed above, the plaintiffs motion for leave to amend the Complaint is granted in part and denied in part. The plaintiff may substitute Captain Drain and Officer Pennant for Captain Pee and Officer John D oe as defendants. He may assert a claim for failure to intervene against Captain Drain and Officer Pennant, but he may not assert a conspiracy claim under §§ 1983, 1985, or 1986 against these defendants. Furthermore, he may not add Deputy W arden Duffy or Deputy Warden Singleton as defendants. Finally, he may include the allegations about injuries to his hip as a result of the incident. The plaintiff must file with the Court a revised Amended Complaint consistent with this Order by Febr uary 26, 2010 and serve it by March 31, 2010. The Clerk of Court shall provide an Amended Summons. Defendants may renew their motion for summary judgment by April 30, 2010. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/19/2010) (tve)
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