Abdullah v. 28th Precinct et al
| Abdul H. Abdullah |
| 28th Precinct, P.O. Gracia M. Carlos, Sergeant Seyed N. Huda, P.O. Carlos M. Gracia and City of New York |
| 1:2024cv00139 |
| January 2, 2024 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Abdul H. Abdullah 1350 5th Ave. #6B New York, NY 10026, at, on 2/21/2024 Re: #7 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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| Filing 8 SUMMONS ISSUED as to City of New York, Carlos M. Gracia, Seyed N. Huda. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 2/21/2024 Re: Judge J. Paul Oetken #7 Order of Service. The following document(s) were enclosed in the Service Package: Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)City of New York, Carlos M. Gracia, Seyed N. Huda. (nb) |
| MAILING RECEIPT: Document No: 7. Mailed to: Abdul H. Abdullah 1350 5th Ave. #6B New York, NY 10026. (mt) |
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against 28th Precinct because it does have the capacity to be sued. The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to issue summonses for the City of New York, Sergeant Seyed N. Huda, and Officer Carlos M. Gracia, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court also is directed to mail Plaintiff an information package. Plaintiff may receive court documents by email by completing the attached form, Consent to Electronic Service. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED., City of New York added. 28th Precinct terminated. (Signed by Judge J. Paul Oetken on 2/20/24) (yv) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Abdul H. Abdullah 1350 5th Ave. #6B New York, NY 10026. (mt) |
| Filing 5 AMENDED COMPLAINT, Re: amending #1 Complaint against 28th Precinct, Carlos M. Gracia, Seyed N. Huda.Document filed by Abdul H. Abdullah. Related document: #1 Complaint.(sc) |
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Filing 4
ORDER TO AMEND: The Court dismisses Plaintiff's claims against the NYPD's 28th Precinct. See N.Y. City Charter ch. 17, 396. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 24-CV-0139 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted, and the Court will decline, under 28 U.S.C. 1367(c)(3), to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. Plaintiff may receive court documents by email by completing the attached form, Consent to Electronic Service. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/29/2024) (va)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 3. Mailed to: Abdul H. Abdullah 1350 5th Ave. #6B New York, NY 10026. (mt) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 1/9/2024) (vn)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Abdul H. Abdullah. (sac) |
| Filing 1 COMPLAINT against 28th Precinct, Gracia M. Carlos, Seyed N. Huda. Document filed by Abdul H. Abdullah. (sac) |
| Case Designated ECF. (sac) |
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