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13-4771 - Othman v. City of New York et al


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13-4771 - Othman v. City of New York et al
April 27, 2015
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ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS. Finding no clear error, the court ADOPTS IN FULL the R&R, and GRANTS IN PART Defendants' partial motion to dismiss. Accordingly, all of Plaintiff's claims against ADA O'Leary are DISMISSED, and all claims against the remaining Defendants are STAYED pending the resolution of Plaintiff's state court appeal. Plaintiff is DIRECTED to file a letter with the court every three months from the date of entry of this order indicating the status of his appeal, and to immediately inform the court by letter upon the resolution of the appeal by the Appellate Term of the Supreme Court of the State of New York, Second Department. Discovery related to all claims, including the excessive force claim that Defendants have not moved to dismiss with respect to the remaining Defendants, shall remain stayed. So Ordered by Judge Nicholas G. Garaufis on 4/27/2015. (c/m electronically to plaintiff pro se) (Lee, Tiffeny)
March 31, 2018
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ORDER granting in part and denying in part 53 Motion for Summary Judgment. The following claims may proceed in accordance with this opinion: Plaintiff's claim for excessive force under § 1983 as to Defendant Benson; Plaintiff's claim for assault and battery under state law as to Defendant Benson; and Plaintiff's claim for malicious prosecution under state law as to Defendants Benson and Dailey. The court DISMISSES WITH PREJUDICE Plaintiff's § 1983 claims of false arrest, unlawful search, malicious prosecution, and municipal liability; Plaintiff's state claims of false arrest, unlawful search, and municipal liability under the doctrine of respondeat superior; and Plaintiff's remaining § 1983 claims of excessive force, state claims of assault and battery, and state claims of malicious prosecution. The clerk of court is respectfully DIRECTED to send a copy of this order by certified mail, return receipt requested, to pro se plaintiff at his address of record. So Ordered by Judge Nicholas G. Garaufis on 03/31/2018. (Mahoney, Brenna)