McNeil v. City of New York et al
MEMORANDUM AND ORDER: Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. Plaintiff's 3 application for appointment of counsel is denied without prejudice. Plaintiff's cl aims against the City of New York, New York City Police Department, New York City Department of Correction, New York City Department of Mental Hygiene, District Attorney Cyrus Vance and District AttorneyCharles Hynes are dismissed. The Court cannot a llow plaintiff's remaining claims to go forward as any remaining defendants will be unable to meaningfully respond to the instant complaint. Therefore, in light of this Court's duty to liberally construe pro se complaints, plaintiff is granted 30 days leave to file an amended complaint. The amended complaint must be captioned as an "Amended Complaint" and bear the same docket number as this order. If plaintiff fails to file an amended complaint, judgment dismissing thi s action withoutprejudice shall be entered. No summons shall issue at this time and all further proceedings shall be stayed for 30 days. The Court certifies pursuant to 28 U.S.c. § 1915(a)(3) that any appeal would not be taken in good fai th and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Allyne R. Ross, on 9/3/2013. C/mailed by Chambers. (Parties: the City of New York; New York City Police Department; New York City Department of Correction; New York City Department of Mental Hygiene; District Attorney Cyrus Vance and District Attorney Charles Hynes - terminated.) (Latka-Mucha, Wieslawa)
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