Crichlow v. Butchen et al
Filing 5
MEMORANDUM AND ORDER (Dismissing Parties): Plaintiff's claim against Robert Morgenthau, Charles J. Hynes, Nicholas Scoppetta and Martin F. Horn is dismissed, as is plaintiff's claim against Michael Butchen. No summons shall issue as to thes e defendants, and the Clerk of Court shall delete these names from the caption of the complaint. Additionally, plaintiff's claims for malicious prosecution are dismissed. Plaintiff is given 30 days leave from the date of this order to replead hi s false arrest claims as well as his excessive use of force claims. If plaintiff fails to amend his complaint, the action will be dismissed without prejudice. All further proceedings shall be stayed for 30 days. 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. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 11/20/2009) C/mailed. (Latka-Mucha, Wieslawa)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
