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17-5835 - Brown v. City of New York et al

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17-5835 - Brown v. City of New York et al
April 10, 2018
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MEMORANDUM & ORDER: For the reasons stated in the attached order, Plaintiff's § 1983 complaint is dismissed against the City of New York and the New York City Police Department for failure to state a claim on which relief may be granted. 28 U.S.C. § 1915A(b)(1). The Clerk of Court is directed to amend the caption to reflect their dismissal. In light of Plaintiff's pro se status, Plaintiff is granted thirty (30) days to amend his complaint. Should Plaintiff decide to file an amended complaint, it must be submitted within thirty days of this Order, be captioned Amended Complaint, and bear the same docket number as this Order. In the amended complaint, Plaintiff should include allegations that would support an inference that an official policy or custom of the City of New York caused a violation of his federally protected rights and/or name individual defendant(s), who have some personal involvement in the actions he alleges and provide the dates and locations for each relevant event. If Plaintiff does not know the names of the individuals, he may identify each of them as Jane Doe or John Doe. To the best of his ability, Plaintiff must describe each individual and the role she or he played in the alleged deprivation of his rights. Plaintiff is advised that the amended complaint will completely replace the original complaint, so Plaintiff must include in the amended complaint any facts or claims that he wishes to pursue against proper defendants. To aid Plaintiff with this task, the Clerk of Court is respectfully requested to provide a "Complaint for Violation of Civil Rights (Prisoner)" form to Plaintiff. Further, if Plaintiff fails to file an amended complaint or otherwise comply with this Order within the time allowed, the action shall be dismissed and judgment shall enter. 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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge LaShann DeArcy Hall on 4/10/2018. (Valentin, Winnethka)