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15-4175 - Ward v. City of New York et al


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15-4175 - Ward v. City of New York et al
May 23, 2016
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MEMORANDUM & ORDER: Claims against Judge Lenora Gerald; the State of New York Office of Court Administration; Queens DA Richard Brown; Deputy Bureau Chiefs Floyd Herring and Scott Kessler; ADAs Kevin Fogarty, Taylor Piscionere, Kelley Sessons, Angela Harper, and Leanne Staines; Clerk of Queens County Civil Court Maureen Giddens; and Deputy Clerk John Barry are dismissed. The Clerk of Court is respectfully directed to update the case caption accordingly. Although Ward's remaining claims may ultimately be subject to dismissal, the Court declines to dismiss them at this time because the issues raised are sufficiently complex to warrant notice and motion practice. Ward's 2 motion to proceed in forma pauperis ("IFP") is therefore granted. The United States Marshals Service is respectfully directed to serve the summons and complaint upon the remaining defendants without prepayment of Ward's fees. Ward is directed to provide addresses for these defendants within 30 days of the date of this Order. 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 the purpose of any appeal. SO ORDERED by Judge Carol Bagley Amon on 5/23/2016. (Docket sheet updated.) C/mailed. (Latka-Mucha, Wieslawa)
March 31, 2018
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31/18. (c/m to pro se) (Lee, Tiffeny)MEMORANDUM & ORDER, For the foregoing reasons, the Court adopts Magistrate Judge Tiscione's R&R in large part, dismissing all of Ward's federal claims and declining to exercise supplemental jurisdiction over his state law claims. The Court dismisses Ward's § 1983 claims for false arrest and malicious prosecution against Detective Diaquoi without prejudice and grants Ward leave to amend hiscomplaint to add factual allegations showing that Detective Diaquoi was aware of Rodriguez's alleged history of false police reports on or before May 7, 2018. The Court dismisses Ward's other federal claims with prejudice and dismisses Ward's state law claims without prejudice. So Ordered by Judge Carol Bagley Amon on 3/