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17-423 - Perkins v. New York City et al


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17-423 - Perkins v. New York City et al
June 20, 2017
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MEMORANDUM AND ORDER: Perkins request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915. All of the claims against the City of New York and the Police Commissioner 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. Perkins claims shall proceed against the individual police officers. The Court respectfully directs the Clerk of Court to issue summonses against the remaining named defendants and directs the United States Marshals Service to serve the summonses and copies of the complaint on them. The Clerk of Court 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 the John Doe defendants, the Clerk of Court is directed to amend the caption of the Complaint to reflect that information and to issue summonses against the officers. The United States Marshals Service is directed to serve these defendants once summonses are issued. The Court refers this matter to Magistrate Judge Cheryl L. Pollak 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. Therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Memorandum and Order to Perkins and note the mailing on the docket.. Ordered by Judge Roslynn R. Mauskopf on 6/20/2017. (Taronji, Robert)