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16-6589 - Charles et al v. ACS Kings et al


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16-6589 - Charles et al v. ACS Kings et al
January 25, 2017
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MEMORANDUM AND ORDER: All of Plaintiffs claims against Defendants ACS Kings, Nicole, Fourgere and all ACS staff in the office are dismissed. Plaintiffs claims alleging violations of procedural due process based on post-removal proceedings and substantive due process are dismissed for failure to state a claim upon which relief may be granted. Pursuant to 28 U.S.C. § 1915(e)(2)(B). Plaintiff is granted 30 days to file an amended complaint in accordance with this Memorandum and Order. 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. (Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Plaintiff.). Ordered by Judge Margo K. Brodie on 1/24/2017. (Ramesar, Thameera) Modified text on 3/8/2017 (Lee, Tiffeny).
April 7, 2017
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n good faith, and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 4/7/2017. C/mailed. (Docket Sheet Updated. Party Jeanie Fougere terminated.) (Latka-Mucha, Wieslawa)axwell, at ACS, located at 19 Grant Square, Brooklyn, New York, 11216. ORDERED that a courtesy copy of the summons, Complaint, the Court's Memorandum and Order dated 1/24/2017, and the instant order shall be served upon the Corporation Counsel for the City of New York. It is further ORDERED that the action is referred to Magistrate Judge Lois Bloom 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 iORDER: It is ORDERED that as to Plaintiffs' claims against Defendants ACS Kings, Nicole, Fougere and all ACS staff in the office, which were dismissed by the Court's 1/24/2017 Memorandum and Order, see 28 U.S.C. § 1915(e)(2)(B), no summons shall issue as to these defendants, and the Clerk of Court is directed to terminate these parties. ORDERED that all claims, with the exception of Plaintiffs' procedural due process claim based on inadequate pre-removal process, are dismissed. ORDERED that the Clerk of Court is hereby directed to serve the summons, the Court's Memorandum and Order dated 1/24/2017, and a copy of the instant order upon Defendants CPS Brooker Clover and Supervisor CPS Sharon M