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17-695 - Moore v. Norwalk et al

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17-695 - Moore v. Norwalk et al
June 15, 2017
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INITIAL REVIEW ORDER Pursuant to the attached ruling, the Court enters the following orders: (1) All claims against the defendant Town of Norwalk are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1), without prejudice to filing an amended complaint if plaintiff can allege facts, in good faith, forming a basis for municipal liability. The excessive force claims (and their failure-to-intercede counterparts) against all individual Police Officers John Does #1-#6 in their individual capacities shall proceed. In addition, the claims of unreasonable search shall proceed as against Officers Doe #1, Doe #2, Doe #3, Doe #4, and Supervisor Doe #6 in their individual capacities. All claims seeking damages against any defendant in his or her official capacity pursuant to 28 U.S.C. § 1915A(b)(2) are DISMISSED. (2) Plaintiffs individual-capacity claims against the individual "John Doe" defendants may proceed. Plaintiff shall file an amended complaint by August 15, 2017, identifying by name any John Doe defendants or shall file a motion for extension of time to file an amended complaint explaining why he has been unable to name any "John Doe" defendants. (3) If plaintiff wishes the Court to appoint pro bono counsel to represent him in this action, then plaintiff should promptly file a motion by July 15, 2017, requesting the appointment of counsel and stating what efforts plaintiff has made to date to secure privately retained counsel. (4) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. Plaintiff should also notify the defendant or the attorney for the defendant of his new address. (5) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the Court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/15/2017. (Black, R.)
February 21, 2018
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ORDER DENYING MOTION TO WITHDRAW. For the reasons stated in the attached ruling, the motion to withdraw (Doc. #45) is DENIED. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/21/2018. (Black, R.)