Forbes v. New York City Police Department et al
| James Forbes |
| New York City Police Department and John Doe |
| 1:2015cv03458 |
| April 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Loretta A. Preska |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
46
MEMORANDUM OPINION AND ORDER re: 28 MOTION to Dismiss . filed by Patrick Romain, City of New York. For the reasons stated above, Plaintiff's claims for false arrest, excessive force, and unlawful search are untimely under th e applicable statute of limitations. Accordingly, Defendants' motion to dismiss these claims is GRANTED, and Plaintiff's claims for false arrest, excessive force, and unlawful search are DISMISSED WITH PREJUDICE. Plaintiff is granted leav e solely to file a third amended complaint with respect to his claim for malicious prosecution against Sergeant Patrick Romain, no later than 30 days from the date of this order. The Court certifies under 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate the motion pen ding at Dkt. No. 28. The Clerk of Court is further directed to send a copy of this order to Plaintiff Michael Forbes by certified mail, along with copies of the unpublished opinions cited herein. (Signed by Judge Gregory H. Woods on 10/26/2016) (kgo) (Main Document 46 replaced on 10/26/2016) (kgo).
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