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08-399 - Nowakowski v. City of New York et al


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08-399 - Nowakowski v. City of New York et al
April 25, 2008
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MEMORANDUM & ORDER: The Court sets aside Magistrate Judge Bloom 2/19/08 Order in part. For the foregoing reasons, the Court grants plaintiff's request to file an amended complaint naming proposed defendants Dobrivoye Filipovich, Gloria Carey, Monika Szarejko, Walter Steding, Stanislaw Polewacz, and additional police officers whom plaintiff believes to have violated his constitutional rights. However, the Court also rules that plaintiff's proposed cause of action pursuant to 42 U.S.C. § 1985(3) must be rejected; that no claim can be made against the Commissioner; and that counsel was properly denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP status is denied for purpose of an appeal. C/M. Ordered by Chief Judge Raymond J. Dearie on 4/23/08. (Chee, Alvin)