Ward v. City of Middletown Police Department et al
| J'min Atiba Ward |
| City of Middletown Police Department, John Doe, Eric J. Harget and Orange County Sheriff's Office |
| 1:2017cv05248 |
| July 11, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
117
CLERK'S JUDGMENT re: 116 Memorandum & Opinion in favor of City of Middletown, County of Orange, Anthony Weed, Brian Shanley, Carl Dubois, Chris DeSena, Daniel Greer, Duane Lopez, Eric J. Hargett, Jason Davis, Jason Kahmar, John Trazino, Ke nneth Decker, Michael Kania, Paul Brahm, Ramon Bethancourt, Steven Brockett, Vincent Iannuzzi against J'min Atiba Ward. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated Febr uary 24, 2022, Defendants' motions to dismiss is GRANTED and pro se Plaintiff's Second Amended Complaint is DISMISSED in its entirety without leave to replead. The Court also certifies under 28 U.S.C. § 1915(a)(3) that any appeal fr om the 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, 44445 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/25/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
116
OPINION AND ORDER: re: 86 MOTION to Dismiss . filed by Brian Shanley, Michael Kania, Daniel Greer, Paul Brahm, Duane Lopez, Chris DeSena, Jason Kahmar, John Trazino, Vincent Iannuzzi, Anthony Weed, Jason Davis, 80 MO TION to Dismiss . filed by Ramon Bethancourt, Eric J. Hargett, City of Middletown. For the foregoing reasons, the Court GRANTS Defendants' motions to dismiss (ECF Nos. 80 & 86) and DISMISSES pro se Plaintiff's Second Amended Complaint in its entirety without leave to replead. The Clerk of the Court is instructed to enter judgment accordingly and to close the case. The Court also 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, 44445 (1962). The Clerk of Court is directed to terminate the motions at ECF Nos. 80, 86, and this ac tion. The Clerk of the Court is further directed to mail a copy of this Opinion and Order to pro se Plaintiff at his address listed on ECF and file proof of service on the docket. So Ordered. (Signed by Judge Nelson Stephen Roman on 2/24/2022) (js)
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Filing
106
THIRD SUPPLEMENTAL ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Dubois and Decker through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return for m ("USM-285 form") for each of these defendants at the following addresses: Sheriff Carl DuBois, 110 Wells Farm Road, Goshen, NY 10924; Colonel Kenneth Decker, c/o Kellie Lagitch, 255-275 Main St., Goshen, NY 10924. The Clerk of Cour t is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service of the Second Amended Complaint upon these Defendants. Finally, the Clerk of Court is directed to mail a copy of this supplemental order of service to pro se Plaintiff at the address on ECF and to show service on the docket. (Signed by Judge Nelson Stephen Roman on 10/21/2021) (ate) Transmission to Pro Se Assistants for processing.
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Filing
103
SECOND SUPPLEMENTAL ORDER OF SERVICE: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). Because Decker and Dubois were inadvertently omitt ed from the Courts supplemental order of service, the Court directs the County attorney to provide the Court and the Plaintiff with the service address for Decker and Dubois on or before November 2, 2021. Upon receipt of this informati on, the Court will issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for Decker and Dubois and deliver the documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed mail a copy of this order to pro se Plaintiff at the address on ECF and to show service on the docket. So Ordered (Signed by Judge Nelson Stephen Roman on 10/19/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
51
SUPPLEMENTAL ORDER OF SERVICE: To allow Plaintiff to effect service on each of the Additional Defendants by the U.S. Marshals Service, the Clerk of Court is instructed to (1) fill out a U.S. Marshals Service Process Receipt and Return form (" ;USM-285 form") for each of the Additional Defendants with addresses as further set forth in this Order. (2) to issue a summons for each of the Additional Defendants; and (3) to deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service on each of the Additional Defendants. The Clerk of Court is further instructed to (4) update pro se Plaintiff's address to the address listed on Plaintiff's Second Amended Complaint (ECF No. 50 ) and Plaintiff's letters dated October 7 and 16, 2020 (ECF Nos. 44-45, 47-48): J'min Atiba Ward 18-A-1063, Southport Correctional Facility, P.O. Box 2000, Pine City, NY 148711; (5) to mail a copy of this order to pro se Plaintiff at the updated address and to show service on the docket, and (6) to correct Defendant Lopez's first name to "Duane" on the docket. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss this action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/5/21) (yv) Transmission to Pro Se Assistants for processing.
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