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15-544 - Jefferson v. Police Officer, Cope Unit 34 et al


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15-544 - Jefferson v. Police Officer, Cope Unit 34 et al
April 6, 2015
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appeal. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 4/6/2015. (Valle, Christine)MEMORANDUM & 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 and the Court ORDERS service of the Summonses and Complaint upon the Defendants by the USMS. The Clerk of the Court is further ORDERED to serve a copy of the Complaint together with this Order on the Suffolk County Attorney and the Suffolk County Attorney's Office is requested to attempt to ascertain the full name of the unidentified Suffolk County Police Officer. 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
January 15, 2016
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MEMORANDUM & ORDER granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss the Complaint is GRANTED IN PART and DENIED IN PART. Plaintiff's claim against Police Officer Koenig is DISMISSED WITH PREJUDICE. Plaintiff's claim against Police Officer Dubriske is DISMISSED WITHOUT PREJUDICE and with leave to replead. If Plaintiff wishes to replead his claim against Officer Dubriske, he must do so within thirty (30) days of the date of this Memorandum and Order. If he fails to do so, his claim against Officer Dubriske will be dismissed with prejudice. Plaintiff's claim against the County with respect to the Complaint Policy is DISMISSED WITH PREJUDICE. Plaintiff's remaining claims are against Officer Umbarila and against the County with respect to the Panhandling Policy. The Court sua sponte Orders that Jefferson v. Koenig, No. 15-CV-0544, Jefferson v. Salvatore, et. al., No. 15-CV-2303, Jefferson v. Loe, et. al., No. 15-CV-2304, and Jefferson v. Soe, et. al., No. 15-CV-2305, be CONSOLIDATED. All future filings are to be docketed in the earliest-filed case, Jefferson v. Koenig, No. 15-CV-0544. Upon consolidation, the Clerk of the Court is directed to mark case numbers 15-CV-2303, 15-CV-2304, and 15-CV-2305, CLOSED. Given Plaintiffs' pro se status, 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 forma pauperis status is DENIED for purposes of an appeal. The Clerk of the Court is directed to TERMINATE Police Officer Koenig as a defendant in this matter. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/15/2016. C/M; C/ECF (Valle, Christine)
March 7, 2017
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Shields' R&R (Docket Entry 23) in its entirety. Defendants' motion to dismiss for lack of prosecution (Docket Entry 20) is DENIED WITHOUT PREJUDICE. The motions to dismiss pursuant to Rule 12 filed in the Consolidated Cases (No. 15-CV-2303, Docket Entry 9; No. 15-CV-2304, Docket Entry 9; and No. 15-CV-2305, Docket Entry 11) are DENIED WITHOUT PREJUDICE. Defendants' proposed briefing schedule for their renewed motion to dismiss the Consolidated Cases (see Docket Entry 25) is APPROVED. Defendants shall file and serve their motion to dismiss on or before April 3, 2017; Plaintiff shall file and serve his response on or before May 1, 2017; Defendants shall file and serve their reply, if any, on or before May 15, 2017. Plaintiff's claim against Officer Dubriske is DISMISSED WITH PREJUDICE and the Clerk of the Court is directed to TERMINATE Officer Dubriske as a defendant in this action. The Clerk of the Court is further directed to mail a copy of this Memorandum and 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. So Ordered by Judge Joanna Seybert on 3/7/2017. C/M; C/ECF Associated Cases: 2:15-cv-00544-JS-AYS, 2:15-cv-02303-JS-ARL, 2:15-cv-02304- JS-ARL, 2:15-cv-02305-JS-ARL (Valle, Christine)