Valdiviezo v. The City of New York et al

Filing 9

MEMORANDUM AND ORDER: The Court grants plaintiff's 1 request to proceed in forma pauperis. The complaint is dismissed as to defendants City of New York and Edward Friedman for failure to state a claim pursuant to 28 U.S.C. &# 167;§ 1915A(b). No summons shall issue as to these defendants. The complaint against Detective Kimberly Marshall, who was employed at the 66th Precinct on or about 2/28/2013, shall proceed. The Clerk of Court shall issue a summons as to this defendant and the United States Marshals Service is directed to serve the summons, plaintiff's complaint and a copy of this Memorandum and Order upon this defendant without prepayment of fees. The Clerk of Court shall mail a courtesy copy of the same papers to the Corporation Counsel for the City of New York, Special Federal Litigation Division. The case is referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. Judge Bloom may wish to consolidat e this case with Valdiviezo v. City of New York, No. l4-CV-4897 (SLT)(LB), for discovery purposes and to stay this action pending resolution of plaintiff's criminal prosecution. The Court certifies pursuant to 28 U.S.C. § 1915(a)( 3) that any appeal 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 Sandra L. Townes, on 8/24/2015.C/mailed. (Parties: The City of New York; and Edward Friedman terminated.) (Latka-Mucha, Wieslawa)