Atkins-Payne v. NYC 67th Precinct et al, No. 1:2017cv02985 - Document 5 (E.D.N.Y. 2018)

Court Description: MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiffs' claims against NYPD, the 67th Precinct, and the Kings County Criminal Court, as well as Patricia Atkins-Payne's false arrest claim, are dismissed w ith prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to amend the caption and the docket to delete NYPD, the 67th Precinct, and the Kings County Criminal Court as defendants.The remaining claims against the fi ve remaining defendants may proceed in each action. The Clerk of Court is directed to issue summonses to the remaining defendants in both cases. The United States Marshals Service is directed to serve the summons and complaints and this Order on tho se defendants without prepayment of fees. As to the two Doe defendants, pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam), the Corporation Counsel is hereby requested to produce the information specified above regarding the i dentity and service address of the partially identified Doe defendants within 30 days of the entry of this Order on the docket. Once this information is provided, plaintiffs complaints shall be deemed amended to reflect the full names of these defend ants, summonses shall be issued, and the Court shall direct service on these defendants.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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).The Clerk of Court shall send a copy of the complaints and this Order to the New York City Law Department, and a copy of this Memorandum and Order to both plaintiffs. Ordered by Judge Eric N. Vitaliano on 7/31/2018. (Mejia, Benjamin)