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13-2357 - Lawrence v. Suffolk County Police Dept. et al


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13-2357 - Lawrence v. Suffolk County Police Dept. et al
June 28, 2013
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED. The Complaint is sua sponte DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915 (e) (2) (B) (ii)- (iii) and 1915A(b) (1)- (2) as against the Suffolk County Police Department and the Suffolk County 1ST Precinct. The Complaint is also sua sponte DISMISSED against Defendant Sheriff DeMarco unless Plaintiff files an Amended Complaint in accordance with this Order. Plaintiff's Amended Complaint must be filed within thirty (30) days from the date of this Order. Plaintiff's claims for malicious prosecution and false arrest against Detectives John Does shall proceed. In his Amended Complaint, Plaintiff should, to the best of his ability, identify the date and location of his arrest, and give any identifying information he may have about the detectives who arrested him. No summonses will be issued at this time. Rather, this case will be stayed for thirty (30) days so as to allow the Plaintiff to amend his Complaint. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. 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. The Clerk of Court is directed to mail Plaintiff a copy of this Order, and to enclose Plaintiff's Proposed Amended Complaint therewith. So Ordered by Judge Joanna Seybert on 6/28/2013. C/M (Valle, Christine)
October 24, 2013
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MEMORANDUM & ORDER. Plaintiff's Amended Complaint is sua sponte DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii)-(iii) and 1915A(b)(1)-(2) as against Suffolk County and DeMarco. At this time, the claims against Det. King shall proceed. The Clerk of the Court is directed to issue a Summons for Det. King and to forward copies of the Summons and the Amended Complaint to the U.S. Marshal Service for service upon Det. King. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for the purpose of any appeal. Ordered by Judge Joanna Seybert on 10/24/2013. (C/M Plaintiff) (Nohs, Bonnie)
January 17, 2018
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Judge Locke's R&R (Docket Entry 47) is ADOPTED in its entirety. Defendant's motion for summary judgment (Docket Entry 44) is GRANTED, and the Amended Complaint is DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly, mail a copy of this Order to the pro se Plaintiff, and mark the case CLOSED. So Ordered by Judge Joanna Seybert on 1/17/2018. C/M; C/ECF (Valle, Christine)