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15-3462 - Silver v. City of New York NYPD Bayside Queens Precinct et al


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15-3462 - Silver v. City of New York NYPD Bayside Queens Precinct et al
December 14, 2015
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MEMORANDUM AND ORDER: Accordingly, Plaintiff's 6 motion to reopen this case is granted. Plaintiff's complaint, filed in forma pauperis, is dismissed as to the City of New York, the NYPD and the 111th Police Precinct for failure to state a claim pursuant to 28 U.S. C. § 1915(e)(2)(B). The complaint as to the unidentified John Doe Police Officers employed by the 111th Precinct in Queens shall proceed. The Clerk of Court shall mail a courtesy copy of the complaint, the amended in forma pauperis application and this Memorandum and Order to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to the Honorable Peggy Kuo, United States Magistrate Judge, for pretrial supervision. 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 Allyne R. Ross, on 12/14/2015. C/mailed. (Latka-Mucha, Wieslawa)
March 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons described in this order, I grant the defendants' 36 motion to dismiss, terminate plaintiff's 78 motion to appoint counsel, adopt Judge Tiscione's 87 report and recommendation, and deny plaintiff's 88 request for an extension. Ordered by Judge Allyne R. Ross on 3/27/2018. (Clark, Sarah)