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14-1492 - Myers v. The People of the State of New York (Department of Motor Vehicles) et al


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14-1492 - Myers v. The People of the State of New York (Department of Motor Vehicles) et al
February 9, 2016
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MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 34) to dismiss is DENIED as moot; and it is further ORDERED, that Plaintiffs Cross-Motion (Dkt. No. 38) is DENIED as moot; and it is further ORDERED, that Plaintiff submit a second amended complaint setting forth all of the facts and claims that the Court will consider when conducting an initial review under 28 U.S.C. ยง 1915(e) within thirty (30) days of the filing date of this Decision and Order as set forth above; and it is further ORDERED, that Plaintiff submit a memorandum of law addressing the timeliness of his claims within thirty (30) days of the filing date of this Decision and Order as set forth above(3/10/16). Signed by Senior Judge Lawrence E. Kahn on February 09, 2016.***A copy of this order was served upon the pro se plaintiff by regular US mail. (sas)
May 9, 2016
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MEMORANDUM-DECISION and ORDERED, that Plaintiffs claims for false arrest, physical and verbal abuse at the scene of arrest, creating a false demand to obtain a chemical breath test, denying Plaintiffs request for counsel at the scene of arrest, performing aggressive tests on Plaintiff and making up the answers, unlawfully seizing Plaintiffs car, searching Plaintiffs car without permission, lying during the administrative hearing, intentional infliction of emotional distress, and cruel and unusual punishment under the Eighth Amendment are DISMISSED as untimely; and it is furtherORDERED, that Plaintiffs claims for interfering with Plaintiffs right to parent his children and damaging Plaintiffs reputation, causing direct harm to Plaintiff by failing to correct false claims, and causing community damage to Plaintiff are DISMISSED for failure to state a claim; and it is furtherORDERED, that Plaintiffs fourth, sixth, and eleventh causes of action shall be construed as asserting a claim that Plaintiff was deprived of due process during his bench trial before Judge Lamb that survives initial review and requires a response from Defendant by May 23, 2016. Signed by Senior Judge Lawrence E. Kahn on May 09, 2016. ***A copy of this order was served upon the pro se party by regular US mail.(sas)
March 24, 2017
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Dismiss (Dkt. No. 60) is GRANTED; and it is further ORDERED, that Myerss Second Amended Complaint (Dkt. No. 49) is DISMISSED without leave to amend; and it is further ORDERED, that Myerss Motion for Mandatory Arbitration or Trial Scheduling Order (Dkt. No. 65) is DENIED; and it is further ORDERED, that the Clerk of the Court close this case. Signed by Senior Judge Lawrence E. Kahn on March 24, 2017. (sas)
September 28, 2017
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DECISION AND ORDERED, that Plaintiffs Motions for Reconsideration (Dkt. Nos. 71, 73) are DENIED; and it is further ORDERED, that Plaintiffs Motion for Recusal and Reconsideration (Dkt. No. 77) is DENIED; and it is further ORDERED, that Plaintiffs Letter Motion for Expedited Consideration is DENIED as moot (Dkt. No. 78. Signed by Senior Judge Lawrence E. Kahn on September 28, 2017. (sas)