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17-2707 - Parsons v. City of New York et al


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17-2707 - Parsons v. City of New York et al
June 19, 2017
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MEMORANDUM & ORDER: Plaintiff's 2 application to proceed in forma pauperis is granted. The Court dismisses the claims against the City of New York, allows Plaintiff's claims against the officers to proceed and grants Plaintiff leave to file an amended complaint within 30 days of this Memorandum and Order as to the City of New York. Accordingly, the Court dismisses the claims against the City of New York for failure to state a claim. The Clerk of Court shall mail a copy of this Memorandum and Order and the Complaint to the Corporation Counsel of the New York City Law Department. The Court hereby orders Corporation Counsel to attempt to ascertain the full names and the badge numbers of the John Doe E.S.U. officers who were involved in the alleged events on 11/2/2014. Corporation Counsel shall provide this information to the Court within 45 days of the date of this Memorandum and Order. Once Corporation Counsel has provided the requested information for the officers, the Clerk of Court is directed to amend the docket to reflect that information and to issue summonses against the officers. The United States Marshals Service is directed to serve the officers once summonses are issued. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Judge Margo K. Brodie, on 6/19/2017. W/Attachments: # (1) Copies of all unpublished decisions cited in this Order. C/mailed. (Latka-Mucha, Wieslawa)
April 6, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court has reviewed the unopposed R&R and, finding no clear error, the Court adopts the R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Court dismisses the action for failure to prosecute. Ordered by Judge Margo K. Brodie on 4/6/2018. (Chu, Chan Hee)