Jackson v. City of Peekskill Police Department

UNITED STATES DISTRICT COURT (SOCUMENT = □□□□□□□□□□□□□□□□□□□□□□□□□□□□□ esos cnmer menses nec □□□□□ □ WALTER J. JACKSON, : oe Yao □ Plaintiff, : □□ weriae yurmagn, myrnivertambae □□□ □□□□□□□□□□□ yeh ORDER ALVARO FARIAS, Detective, Shield #103; 19 CV 10870 (VB) and CITY OF PEEKSKILL, Defendants. : ee et tt □ On June 29, 2020, defendants moved to dismiss the complaint. (Doc. #16).

On July 21, 2020, the Court received an undated letter from plaintiff, who is proceeding pro se and in forma pauperis. (Doc. #20). In his letter, plaintiff states he recently discovered that an additional party was involved in the conduct giving rise to his claims and seeks to add that party as a defendant in this action. (Id.).

Plaintiff's request is GRANTED.

Accordingly, it is HEREBY ORDERED: 1. By August 13, 2020, plaintiff shall file an amended complaint, using the amended complaint form attached to this Order. Plaintiff is reminded that any factual allegations in the amended complaint must be true to the best of his knowledge, information, and belief. See Fed. R. Civ. P. 11(b)(3). Also, the amended complaint will completely replace the original complaint; therefore, plaintiff should include in the amended complaint all information necessary for his claims.

2. If plaintiff files an amended complaint, within 21 days of such amendment, defendants Alvaro Farias and City of Peekskill may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint.

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 the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

Chambers will mail a copy of this Order to plaintiff at the address on the docket.

Dated: July 23, 2020 White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge — eee ———————————— UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK cv tog 0 (v8) nn (Il ber if has b Write the full name of each plaintiff. evened) number tr one naseeen -against- AMENDED eo COMPLAINT Do you want a jury trial? [No Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section II.

NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number.

See Federal Rule of Civil Procedure 5.2.

Rev. 2/10/17 I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff.

What is the basis for federal-court jurisdiction in your case?

Federal Question (] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?

B. Ifyou checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen?

The plaintiff, , is a citizen of the State of (Plaintiff's name) (State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.

Page 2 If the defendant is an individual: The defendant, , is a citizen of the State of (Defendant's name) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . if more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.

If. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.

First Name Middle Initial Last Name

Street Address □ County, City State Zip Code Telephone Number Email Address (if available) Page 3 B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed.

Defendant 1: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 2: First Name Last Name Current Job Title (or other identifying information) □ Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 3: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Page 4 Defendant 4: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code IH. STATEMENT OF CLAIM Place(s) of occurrence: Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed. a tt a ne i a te a a i Page 5 □ INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.

□ a i IV. RELIEF State briefly what money damages or other relief you want the court to order.

Page 6 V. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11.

I agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated Plaintiff's Signature □ First Name Middle Initial Last Name Street Address a County, City State Zip Code Telephone Number Email Address (if available} I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: [Yes If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.

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