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15-021 - Stegemann v. Rensselaer County Sheriff's Office et al


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15-021 - Stegemann v. Rensselaer County Sheriff's Office et al
February 3, 2015
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REPORT, RECOMMENDATION, AND ORDER: It is ORDERED that the # 4 MOTION for Leave to Proceed in forma pauperis filed by Joshua G. Stegemann is GRANTED. It is RECOMMENDED that the # 1 Complaint filed by Joshua G. Stegemann be DISMISSED as barred by Heck v. Humphrey, failure to state a claim, and for lack of subject matter jurisdiction as noted further herein. Objections to R&R are due by 2/20/2015, Case Review Deadline is 2/24/2015. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Signed by Magistrate Judge Christian F. Hummel on 2/2/2015. (Attachments: # (1) Exhibit - Unpublished Decision). {A copy of this Order, Report and Recommendation and related exhibit is being sent by the clerk to Joshua Stegemann via U.S. Postal Mail}. Motions terminated: # 4 MOTION for Leave to Proceed in forma pauperis filed by Joshua G. Stegemann. (rep)
February 20, 2015
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ORDER: Adopting the # 5 Report and Recommendations. It is ORDERED that the Plaintiff's objections to the Report-Recommendation of Magistrate Judge Hummel are OVERRULED and that the Report-Recommendation is hereby ADOPTED. The Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE as noted further herein. Signed by Senior Judge Thomas J. McAvoy on February 19, 2015. (rep)
February 20, 2015
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JUDGMENT: In favor of the defendants and against Joshua G. Stegemann. It is ORDERED and ADJUDGED that the Report-Recommendation is hereby ADOPTED and the Plaintiff's Complaint is DISMISSED WITH PREJUDICE. {A copy of this Judgment and the #7 Order was sent via regular U.S. Postal Mail and Certified Mail to the plaintiff at Columbia County Jail}. (rep)
October 3, 2016
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REPORT-RECOMMENDATIONS AND ORDER: It is RECOMMENDED that pursuant to the Court's review under 28 U.S.C. § 1915, Stegemann's # 1 Complaint be dismissed as barred by Heck v. Humphrey, 513 U.S. 477, 486-87 (1994); and it is further RECOMMENDED, that plaintiff's # 12 letter motion requesting appointment of counsel and service of summonses, be DENIED as moot. ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order on the parties in accordance with Local Rules. ORDERED, that the Clerk of the Court serve the plaintiff pro se a copy of this Report-Recommendation and Order in accordance with Local Rules. Pursuant to 28 U.S.C. § 636(b)(1), parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the... recommendation." N.Y.N.D. L.R. 72.1(c) (citing 28 U.S.C. §636(b)(1)(B)-(C)). FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 10/20/2016. Case Review Deadline 10/24/2016. Signed by Magistrate Judge Christian F. Hummel on October 3, 2016. {A copy of this Report-Recommendation was sent to the Pro Se Plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}.(rep)
March 3, 2017
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DECISION AND ORDER: The Court accepts and adopts Magistrate Judge Hummel's October 3, 2016 Report-Recommendation and Order, Dkt. No. 19, in part, finding that all claims except the claims brought under the Fourth and Fifth Amendments seeking monetary recovery for the indiscriminate destruction of property are barred by Heck v. Humphrey, 512 U.S. 477 (1994), and are dismissed without prejudice to refiling in the event Plaintiff can overcome the "favorable termination" rule established by Heck. The matter is recommitted to Magistrate Judge Hummel to make recommendations whether Plaintiff has pleaded legally viable claims under the Fourth and/or Fifth Amendments for monetary recovery for property destruction, and if, so whether the Court should exercise supplemental jurisdiction over Plaintiff's state law claims. The Plaintiff's # 12 Motion for Appointment of Counsel and Service of Summons is denied with leave to renew following resolution of whether legally viable claims remain pending in this Court. Lastly, the Plaintiff's # 14 letter motion seeking a status report of the motion at docket entry # 12 is denied as moot. Signed by Senior Judge Thomas J. McAvoy on March 3, 2017. {Copy of this Order served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)
April 17, 2017
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e of his property under the Fifth Amendment, such claim be DISMISSED without prejudice; and it is further RECOMMENDED, that plaintiff's claims arising under 18 U.S.C. §§ 2510-2522; 18 U.S.C. §§ 2701, et seq.; and 18 U.S.C. &REPORT-RECOMMENDATION AND ORDER: It is RECOMMENDED, that plaintiff's Fourth Amendment property damage claims proceed; and it is further RECOMMENDED, that, insofar as plaintiff's complaint may be read as stating a claim for improper seizur#167;§ 3121-3127 be DISMISSED without prejudice; and it is further RECOMMENDED, that plaintiff's claims arising under the New York State Constitution, Massachusetts Declaration of Rights, New York State Criminal Procedure Law, New York State law, and Massachusetts General laws be DISMISSED without prejudice; and it is ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order on the parties in accordance with Local Rules. Pursuant to 28 U.S.C. § 636 (b) (1), the parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the... recommendation." FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 5/4/2017. Case Review Deadline 5/8/2017. Signed by Magistrate Judge Christian F. Hummel on April 17, 2017. (Attachments: # (1) Exhibit - Unpublished Decisions){Copy served on the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}(rep)
June 16, 2017
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ED without prejudice. Plaintiff's claims arising under the New York State Constitution, Massachusetts Declaration of Rights, New York State Criminal Procedure Law, New York State Law, and Massachusetts General laws are hereby DISMISSED without DECISION AND ORDER: Adopting the # 24 Report and Recommendations. Plaintiff's Fourth Amendment property damage claims may PROCEED. Plaintiff's Fourth Amendment improper seizure claims are hereby DISMISSED without prejudice. Plaintiff's Fifth Amendment property damage claims are hereby DISMISSED without prejudice. Plaintiff's claims arising under 18 U.S.C. §§ 2510-2522; 18 U.S.C. §§ 2701, et seq.; and 18 U.S.C. §§ 3121-3127 are hereby DISMISSprejudice. Plaintiff's motion for appointment of counsel are hereby DENIED with leave to renew at an appropriate time. Signed by Senior Judge Thomas J. McAvoy on June 16, 2017. (Copy served on the pro se plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570).(rep)
March 5, 2018
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DECISION AND ORDER: GRANTING the defendants' # 57, # 79, # 91, # 94, # 97, # 114, # 145, # 148, # 150, and # 158 Motions to Dismiss. Plaintiff's claims against these Defendants are dismissed with prejudice except for those claims which are subject to the bar in Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff's claims which are subject to that Heck bar may be re-plead, BUT ONLY AT SUCH TIME AS PLAINTIFF CAN DEMONSTRATE THAT HE CAN OVERCOME THAT BAR DUE TO A FAVORABLE DETERMINATION FROM SOME OTHER COURT. Any attempt by Plaintiff to file an Amended Complaint containing any of the claims dismissed by this opinion that are not subject to the Heck bar will be summarily dismissed by the Court. Any attempt to file an Amended Complaint containing the claims subject to the Heck bar that does not contain allegations that the bar has been lifted will be summarily dismissed by the Court. Plaintiff may be subject to sanction for filing such a frivolous action.Plaintiff's # 142 Motion to Compel is DENIED AS MOOT. Plaintiff's # 152 and # 153 Motions for Default Judgment are DENIED. Plaintiff's # 169 and #196 Motions to Compel Discovery are DENIED AS MOOT. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on March 5, 2018. {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)