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08-217 - Wingate v. New York City et al


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08-217 - Wingate v. New York City et al
January 23, 2008
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OPINION AND ORDER: Plaintiff's request to proceed in form pauperis pursuant to 28 U.S.C. § 1915 is granted but plaintiff's claims against defendants New York City and the 113th Precinct of the New York City Police Department ("113th Precinct") are dismissed. No summons shall issue as to these defendants. However, plaintiff's § 1983 claims against Police Officer Patrick Theodore and the John Doe officers shall proceed. The United States Marshals Service is directed to serve the summons and complaint upon defendant Theodore without prepayment of fees. A courtesy copy of the summons, complaint, and this order shall be served upon the New York City Law Department ("Corporation Counsel"), and this case is referred to Magistrate Judge Lois Bloom for pretrial proceedings. Corporation Counsel is furhter requested to produce the information specified herein regarding the identities and addresses of the John Doe defendants within 45 days from the date of this order. Once this information is provided, plaintiff's complaint shall be deemed amended to reflect the full names of these individuals as defendants, summons shall issue with respect to these defendants, and the Court shall direct service upon them. So Ordered. (Ordered by Judge Allyne R. Ross, on 1/18/2008) C/mailed. (Inter-Off. Svc. upon the U.S.M.S.) (Latka-Mucha, Wieslawa)