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17-1164 - Smith v. John Doe Police Officer


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17-1164 - Smith v. John Doe Police Officer
May 12, 2017
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MEMORANDUM AND ORDER: The Court grants Plaintiff's application to proceed in forma pauperis. For the reasons stated in the attached memorandum and order, the Complaint is dismissed as to the People of the State of New York and the NYPD. No summons shall issue as to those Defendants. Plaintiff's Complaint against the NYPD officer from the NYPD's 103rd Precinct who arrested Plaintiff on May 10, 2016, identified in the Complaint as "John Doe", shall proceed. Service of the Complaint and the attached memorandum and order shall be effected as stated in the attached memorandum and order. Ordered by Judge Pamela K. Chen on 5/12/2017. (Chivers, Jeffrey)
June 16, 2017
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ORDER: in recognition of the difficulty the Corporation Counsel may have in identifying the John Doe Police Officer, the Corporation Counsel is directed to send plaintiff, by June 19, 2017, a blank section 160.50 release pursuant to the New York Criminal Procedure Law for sealed arrest records for the arrest that is the subject of the complaint, which plaintiff must execute and return by July 7, 2017. The Corporation Counsel must, by August 4, 2017, provide the full name of the John Doe Police Officer and an address for service. In addition, it appears that plaintiff is currently incarcerated at the Sing Sing Correctional Facility. Accordingly, the Clerk is requested to update the docket sheet to reflect plaintiff's change of address: William Smith, 17A1191, Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. Ordered by Chief Mag. Judge Roanne L. Mann on 6/16/2017. (Proujansky, Josh)