ORDER: Plaintiff Victor Hernandez, proceeding pro se, filed a complaint in this case on August 18, 2014. (Dkt. No. 1.) An order of service was filed in this case on September 18, 2014. (Dkt. No. 7.) One week later, the plaintiff requested by letter that his case be withdrawn without prejudice to avoid incurring filing fees. (Dkt. No. 8.) Accordingly, it is hereby ordered that the case is DISMISSED without prejudice to refiling. No filing fee is to be deducted from Plaintiff's account. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/30/2014) Copies Mailed By Chambers. (ja) (Entered: 10/01/2014)
LETTER addressed to Judge J. Paul Oetken from Victor Hernandez, dated 9/23/14 re: WITHDRAW MY CASE DOCKET #14-CV-06591, w/o prejudice. Document filed by Victor Hernandez.(sc) (Entered: 09/29/2014)
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York City Department of Correction. The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York waive service of summons. The Clerk of Court is further directed to issue a summons as to Detainee Jerell Lowery #441-13-10928, and Plaintiff is directed to serve the summons and complaint only on defendant Lowery, within 120 days of the issuance of the summons. If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. The Clerk of Court shall serve a copy of this order and the complaint on the New York City Law Department at: 100 Church Street, New York, New York 10007. An Amended Civil Rights Complaint form is attached to this order. Plaintiff's application for pro bono counsel is denied without prejudice to renewal at a later date. The Clerk of Court is directed to close the application at docket number 3. 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 purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Waiver of Service due by 10/20/2014. (Signed by Judge J. Paul Oetken on 9/18/2014) Copies Mailed By Chambers. (ja) Modified on 9/18/2014 (ja). (Entered: 09/18/2014)
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 9/10/2014) (vj) (Entered: 09/11/2014)
COMPLAINT against Jane Doe, D. Fuentes, Jerell Lowery, New York City Dept. of Corrections. Document filed by Victor Hernandez. (Attachments: # 1 envelope)(laq) (Entered: 08/25/2014)
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