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17-3768 - Diaz v. MDC Brooklyn et al


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17-3768 - Diaz v. MDC Brooklyn et al
January 17, 2018
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Order. For the reasons stated in the attached Memorandum and Order, plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. Plaintiff's claim against MDC is dismissed and no summons shall issue to MDC. See 28 U.S.C. § 1915A(b). The Clerk of Court is respectfully directed to terminate MDC as a defendant in this action. As to defendant Rivera, the United States Marshall is respectfully directed to serve the summons, the complaint, and a copy of the instant order upon defendant Rivera, who is alleged to be employed at MDC, and on the United States Attorney for the Eastern District of New York. The Clerk of Court is respectfully requested to serve the foregoing documents on pro se plaintiff, and to note service on the docket. Should plaintiff seek to amend his complaint to assert claims arising under the FTCA, plaintiff is reminded that he must first timely file an administrative tort claim with the appropriate federal agency, the Bureau of Prisons. 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. The action is referred to Judge Bulsara for pretrial supervision. Ordered by Judge Kiyo A. Matsumoto on 1/17/2018. (Tata, Vivek)