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16-6077 - Brown v. City of New York et al


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16-6077 - Brown v. City of New York et al
May 23, 2018
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MEMORANDUM & ORDER: The Court grants Brown's 2 request to proceed in forma pauperis. The Court dismisses all federal claims except the Fourteenth Amendment claims against Doe I, Doe II, and Harris. The Court upholds the negligence claims but dismisses the IIED claims against Defendants. The Court also grants Brown leave to submit amended pleadings no later than 6/21/2018. The Court respectfully DIRECTS the Clerk of Court to provide Brown with an inmate "Complaint for Violation of Civil Rights" form. If Brown elects to file an Amended Complaint, the pleadings must provide facts giving rise to each of his claims against Defendants. The Court respectfully DIRECTS the Clerk of Court to amend the caption as reflected on the first page of this Memorandum and Order. The Court also respectfully DIRECTS the Clerk of Court to issue summons for Defendants named in the Complaint and the United States Marshals Service, without prepayment of fees, to serve on Defendants the Complaint, ("see D.E. # 1); the summons; and this Memorandum and Order. A copy of this Memorandum and Order also shall be served on the Special Federal Litigation Division of the New York City Law Department. The Construes the complaint as naming all of these parties. The Clerk of Court is directed to amend the caption as stated above. SO ORDERED by Judge Carol Bagley Amon, on 5/23/2018. (Copy of this Order and the attached "Complaint for Violationurt respectfully REFERS the case to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that any appealwould not be taken in good faith, and the Court denies in forma pauperis status for the purpose of any appeal. The City of New York (the "City") is not named in the caption but is included in the list of defendants. (D.E. # 1 ("Compl.") at 1-2.) Conversely, the New York City Department of Correction (the "DOC") and "Supt of R.N.D.C.," which the Court construes as the Superintendent of RNDC (Robert N. Davoren Complex in Rikers Island), are named in the caption but not in the list of defendants. Although he does not mention them in the caption or list of defendants. Plaintiff also makes allegations against C.O. JOHN DOE, Unknown Officer (JOHN DOE), and Captain Harris. In light of Plaintiff's pro se status, the Court liberally co of Civil Rights" form sent to pro se Plaintiff.) Docket Sheet Updated. (Latka-Mucha, Wieslawa)