Hernandez v. City of Middletown N.Y. Police

S.D. New York

Hernandez v. City of Middletown N.Y. Police

District Court, S.D. New York·Decided April 23, 2025·No. 7:24-cv-01282·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEMEJIA HERNANDEZ, SSS

Plaintiff, -against- 24 CIVIL 1282 (PMH) JUDGMENT CITY OF MIDDLETOWN POLICE; DETECTIVE KEVIN C. BRISCHOUX; and SGT. COLON EVANR., Defendants. wn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 22, 2025, Plaintiff's Section 1983 claim is time-barred and thus dismissed with prejudice as any amendment would be futile. To the extent he has alleged a state law claim, it is dismissed without prejudice to re-filing in the proper forum. 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). Accordingly, the case is closed. Dated: New York, New York April 23, 2025 TAMMI M HELLWIG Clerkof Court >

BY: ER Deputy Clerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEMEJIA HERNANDEZ, SSS

Plaintiff, -against- 24 CIVIL 1282 (PMH) JUDGMENT CITY OF MIDDLETOWN POLICE; DETECTIVE KEVIN C. BRISCHOUX; and SGT. COLON EVANR., Defendants. wn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 22, 2025, Plaintiff's Section 1983 claim is time-barred and thus dismissed with prejudice as any amendment would be futile. To the extent he has alleged a state law claim, it is dismissed without prejudice to re-filing in the proper forum. 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). Accordingly, the case is closed. Dated: New York, New York April 23, 2025 TAMMI M HELLWIG Clerkof Court >

BY: ER Deputy Clerk

Hernandez v. City of Middletown N.Y. Police, (S.D.N.Y. 2025).

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