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16-4463 - McCoy v. City of New York et al


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16-4463 - McCoy v. City of New York et al
September 9, 2016
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MEMORANDUM AND ORDER: Plaintiff's 2 request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915. The claims against the City of New York, the Jane Doe police officers, and John Doe undercover police officer are dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(B). No summonses shall issue against these defendants. Plaintiff's claims shall proceed against Officer Schiaffo and Police and John Doe Undercover Police Officer terminated.) (Latka-Mucha, Wieslawa) Officer John Doe # 2 of the 79th Precinct. The Court directs the Clerk to issue a summons against Michael Schiaffo and the United States Marshals Service to serve the summons and complaint on him. The Clerk shall mail a copy of this Order and the complaint to the New York City Law Department. Once Corporation Counsel has provided the requested information for Police Officer John Doe # 2, the Clerk is directed to amend the caption to reflect that information and to issue a summons against the officer. The United States Marshals Service is directed to serve the defendant once identified. The Court refers this matter to Magistrate Judge Lois Bloom for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Brian M. Cogan, on 9/9/2016. C/mailed by Chambers. (Parties: City of New York; Jane Doe 1-2;
February 5, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff has failed to object to this Report & Recommendation nor has he taken any other action to prosecute this case. The report and recommendation is therefore adopted as the Order of this Court and the case is dismissed.( Ordered by Judge Brian M. Cogan on 2/3/2018 ) c/m *forwarded for jgm. (Guzzi, Roseann) (Main Document 59 replaced on 2/5/2018) (Guzzi, Roseann).