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13-897 - Frederick v. City of New York et al

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13-897 - Frederick v. City of New York et al
April 22, 2013
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MEMORANDUM & ORDER: The Court grants Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court denies Plaintiff's 4 request for the appointment of counsel without prejudice. Plaintiff has failed to state a claim and therefore the Complaint is dismissed against Defendants Mayor of New York City, Michael Bloomberg, the NYPD, the Commissioner of the NYPD, Raymond Kelly, the Kings County District Attorney, Charles Hynes, and Assistant Kings County District Attorneys Dennis Shelton and Joan Eraskin. Plaintiff is granted leave to amend the Complaint. The amended complaint must be filed within 30 days of the date of this Memorandum and Order. Plaintiff is advised that any amended complaint he files will completely replace the original complaint. If plaintiff fails to file an amended complaint, a judgment dismissing the Complaint shall be entered. The Court certifies pursuant to 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 purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 4/22/2013. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)
March 25, 2016
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MEMORANDUM & ORDER granting in part and denying in part: 62 the City Defendants' Motion to Dismiss; 67 and 81 the SGPD Defendants' Motion to Dismiss; and 60 Defendant Sea Gate Police Department's Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, the Court denies the City Defendants' motion to dismiss as to Plaintiff's section 1983 false arrest claims against Officers Boyd and Murphy, Detective Sanders and Lieutenant Campbell based on his 2010 arrest. The Court dismisses without prejudice Plaintiff's section 1983 claim for malicious prosecution related to the November 14, 2007 Incident, as against all Defendants. The Court otherwise grants the City Defendants' motion to dismiss. The Court otherwise grants the motions to dismiss by SGA and the SGPD Defendants in their entirety. Ordered by Judge Margo K. Brodie on 3/25/2016. (Deknatel, Anna)