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15-4392 - Turner v. Dellemo et al

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15-4392 - Turner v. Dellemo et al
March 22, 2016
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MEMORANDUM & ORDER: Plaintiff Layton Scott Turner's 5 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. However, Turner's 6 motion for a change of venue is denied, and his 1 Complaint is dismissed in part. Turner's claims against Judge Donnelly, Megget, and Francis are dismissed without leave to amend pursuant to 28 U.S.C. § 1915A(b). No summons shall issue as to these defendants and the Clerk of Court shall amend the caption to reflect the dismissal of these parties. Turner's malicious prosecution claims are dismissed with leave to amend only if Turner can plead that the state court proceedings against him have terminated in his favor. Turner's false arrest and false imprisonment claims against Detective Dellemo and two John Doe police officers shall proceed. The Clerk of Court shall amend the caption to name these additional defendants. The Clerk of Court shall issue a summons against these defendants and the United States Marshals Service is directed to serve the summons, complaint, and a copy of this Memorandum and Order upon these defendants without prepayment of fees. The Clerk of Court shall mail a courtesy copy of the same papers to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to the Honorable Lois Bloom,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 Chief Judge Carol Bagley Amon, on 3/22/2016. C/mailed. (Latka-Mucha, Wieslawa)
May 15, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, the Court dismisses this action for failure to prosecute pursuant to Rule 41(b). The Clerk of Court is directed to close the case and enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 5/12/2017. (fwd for judgment) (Fernandez, Erica)