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13-830 - Lynch v. Claus et al


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13-830 - Lynch v. Claus et al
July 22, 2013
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ORDER & REPORT AND RECOMMENDATIONS: granting the # 2 MOTION for Leave to Proceed in forma pauperis filed by Mark Lynch, Recommending that the claims of false arrest, false imprisonment, prosecutorial misconduct and ineffective assistance of counsel be dismissed as barred, recommended that prior to dismissing the municipal defendants Lynch be given an opportunity to amend his complaint to clarify any Monell claims, recommended that the Court allow Lynch's claims alleging excessive force in violation with the Eighth Amendment be accepted for filing and that upon receipt from Lynch of the documents required for service of process, the Clerk be directed to issue summonses and forward them together with copies of the complaint and General Order 25 to the US Marshal Service for service of process. Objections to R&R due by 8/8/2013, Case Review Deadline 8/12/2013. Signed by Magistrate Judge Christian F. Hummel on 7/19/2013. {Copy served upon pro se plaintiff by regular mail} (jmb)
August 16, 2013
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ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed July 22, 2013 (Dkt. No.3) is ACCEPTED in its entirety; ORDERED that pursuant to the Court's review under 28 U.S.C. ยง 1915, Lynch's claims of false arrest, false imprisonment, prosecutorial misconduct, and ineffectiveness assistance of counsel be dismissed; ORDERED, that, prior to dismissing the municipal defendants, the court will provide the plaintiff an opportunity to amend his complaint within thirty (30) days of this Order to clarify any Monell claims; ORDERED, that Lynch's claims alleging excessive force in violation of the Eight Amendment be accepted for filing. Signed by Chief Judge Gary L. Sharpe on 8/16/2013. (Attachments: # (1) Report-Recommendation and Order of Judge Hummel) (mgh)
January 28, 2014
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SUMMARY ORDER - That the letter motion of the County, County of Schenectady District Attorney, and Schenectady County Public Defender's Office requesting dismissal of Lynch's filing (Dkt. No. 27) is DENIED. That Lynch's application regarding the dismissal of the County of Schenectady District Attorney and Schenectady County Public Defender's Office (Dkt. No. 25) is DENIED. That the Clerk is directed to amend the docket to reflect that the Doe defendants have been identified as "Police officer Shepler" and "Police officer I.D. #5142," and that, upon receipt from Lynch of the documents required for service of process, the Clerk be directed to issue summonses and forward them, together with copies of Lynch's complaint, a General Order No. 25 packet, which sets forth this District's civil case management plan requirements, a copy of the Uniform Pretrial Scheduling Order previously issued in this case, to the United States Marshal for service upon Police officer Shelpler and Police officer I.D. #5142. That the Clerk is directed to terminate Schenectady Police Dept., City of Schenectady, County of Schenectady District Attorney, Schenectady County Public Defender's Office, and Schenectady County. That the only claim accepted for filing is one of excessive force against P.O. James Claus, Police officer Shelpler, and Police officer I.D. #5142. That the motion to dismiss of County of Schenectady District Attorney, Schenectady County Public Defender's Officer, and Schenectady County (Dkt. No. 33) is DENIED as moot. Signed by Chief Judge Gary L. Sharpe on 1/28/2014. (jel, )
March 31, 2014
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DECISION & ORDER: It is ordered that the # 44 Motion to Appoint Counsel is DENIED without prejudice to renew as noted herein, further it is ordered that the # 44 request for a settlement conference is GRANTED. All parties are directed to appear for a Settlement Conference on 4/24/2014 at 2:00 PM in Albany before Magistrate Judge Christian F. Hummel. The Clerk shall provide Mr. Lynch with a blank copy of the Notice of Change of Address form with this order, as it is his responsiblity pursuant to Local Rule 10.1(c)(2) & 41.2)(b), to update the Court with any changes to his address via the Notice of Change of Address form. Signed by Magistrate Judge Christian F. Hummel on 3/28/2014. {Clerk served a copy of this order and the Notice of Change of Address form upon Mark Lynch by regular mail} (jmb)
November 5, 2014
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ORDER DISMISSING CASE: Approving the # 63 Stipulation, therefore this action is discontinued against defendants, with prejudice and without costs to either party as against the other. Signed by Chief Judge Gary L. Sharpe on 11/5/2014. (jmb) {Copy served upon pro se plaintiff by regular mail}