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17-6535 - Smith v. Famiano et al


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17-6535 - Smith v. Famiano et al
June 18, 2018
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ORDER: The Court dismisses this action, in part, as to Defendants Assistant District Attorney ("ADA") Kieras and the City of New York pursuant to 28 U.S.C. § 1915(e)(2)(B). No summons shall issue against ADA Kieras and the City of New York. However, the claims, limited as set forth in the attached Order, against Defendant-Officers Allevato and Famiano shall proceed. The Clerk of Court is directed to issue summonses against Defendants Allevato and Famiano, and the United States Marshal Service is directed to serve the summons and amended complaint against these Defendants without prepayment of fees. The Clerk of Court shall mail a courtesy copy of this Order along with the summons and amended complaint to the Corporation Counsel for the City of New York, Federal Litigation Division. Plaintiff's request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915. The case is referred to the Honorable Ramon E. Reyes, United States Magistrate Judge, for pretrial supervision. 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 an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 6/18/2018. (Rediker, Ezekiel)