Robinson v. Rice et al, No. 2:2011cv00747 - Document 9 (E.D.N.Y. 2011)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Order of Partial Dismissal Dismissing Party A.D.A. John or Jane Doe and Kathleen Rice terminated. ORDERED that plaintiffs application for leave to proceed in forma pauperis is gr anted; and it is further, ORDERED that plaintiffs claims against defendants Kathleen Rice and "John or Jane Doe" are dismissed in their entirety with prejudice pursuant to 28 U.S.C.§§ 1915(e) and 1915A(b), and no summons shall issue as to those defendants; and it is further, ORDERED that plaintiffs malicious prosecution claim based upon an alleged speedy trial violation is dismissed without prejudice and with leave to re-plead within thirty (30) days from the d ate the underlying criminal action against him is terminated, or that claim will be deemed dismissed with prejudice; and it is further, ORDERED that the United States Marshals Service is directed to serve the summonses andcomplaint upon the remain ing defendants, Januszewski, Nikolic and Wallace, without prepaymentof fees; and it is further,ORDERED that a courtesy copy of the summons, complaint, and this order shallbe served upon the Nassau County Attorney.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 anappeal. See Coppedge v. United States, 369 U.S. 438,444-45 (1962).. Ordered by Judge Sandra J. Feuerstein on 8/16/2011. (Padilla, Kristin)