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15-6811 - Kneitel v. City of New York et al


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15-6811 - Kneitel v. City of New York et al
August 31, 2016
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MEMORANDUM & ORDER: Plaintiff's 2 motion to proceed in forma pauperis is GRANTED, but claims against Justice Jacobson, Justice Baily- Schiffman, the State of New York Unified Court System, the City of New York, and Robert Elznic are sua sponte DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). No summons shall issue as to these Defendants and the Clerk of Court is respectfully DIRECTED remove them from the caption. Plaintiff's claims against Raymond Silvery, Anthony Parilla, Diane Ariano, and Marisoll Gomez shall proceed, and the United States Marshal Service is respectfully DIRECTED to serve the summonses, Complaint, and this Memorandum and Order upon them without prepayment of fees. Finally, the court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Judge Nicholas G. Garaufis, on 8/31/2016. C/mailed to pro se Plaintiff. (Parties: Justice Jacobson, Justice Baily-Schiffman, the State of New York Unified Court System, the City of New York, and Robert Elznic terminated.) (Latka-Mucha, Wieslawa)
January 22, 2018
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MEMORANDUM & ORDER, re Defendants' 26 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss (Dkt. 26) is GRANTED. Plaintiff's time-barred federal-law claims against Defendants Silvery and Parilla, time-barred federal constitutional claims against Defendant Ariano, and Title VII claims against Defendants Ariano and Gomez are DISMISSED WITH PREJUDICE, as any attempt to amend these claims would be futile. Plaintiff's federal constitutional claims against Defendant Gomez are DISMISSED WITHOUT PREJUDICE. The court declines to exercise supplemental jurisdiction over Plaintiff's state-law claims, which are also DISMISSED WITHOUT PREJUDICE. The Clerk of Court is respectfully DIRECTED to enter judgment accordingly and to mail a copy of this order to pro se Plaintiff Michael J. Kneitel. So Ordered by Judge Nicholas G. Garaufis on 1/19/2018. (c/m to pro se; fwd'd for jgm) (Lee, Tiffeny)