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15-1356 - Watson v. Doe et al


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15-1356 - Watson v. Doe et al
December 21, 2015
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REPORT, RECOMMENDATION AND ORDER: ORDERED that plaintiff's IFP application re 2 MOTION for Leave to Proceed in forma pauperis filed by Tyrone Watson is granted; and it is further respectfully RECOMMENDED that plaintiff's Fourteenth Amendment deliberate medical indifference claim be dismissed, without prejudice, and that he be provided an opportunity to amend his complaint to cure the deficiencies identified in this report with respect to that claim; and it is further RECOMMENDED that, in the event this report and recommendation is adopted and plaintiff fails to amend his complaint by the deadline set by the assigned district judge, plaintiff's complaint be accepted for filing, except as to his deliberate medical indifference claim, and that the clerk of the court add the City of Kingston Chief of Police, Gilles M. Larochelle, as a defendant for purposes of service and discovery. NOTICE: Pursuant to 28 U.S.C. Section 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections must be filed with the clerk of the court within FOURTEEN days of service of this report. FAILURE TO SO OBJECT TO THIS REPORT WILL PRECLUDE APPELLATE REVIEW. 28 U.S.C. Section 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) It is hereby ORDERED that the clerk of the court serve a copy of this report and recommendation upon the parties in accordance with this court's local rules. Objections to R&R due by 1/7/2016. Signed by Magistrate Judge David E. Peebles on December 21, 2015. (khr)Mailed copy to pro se palintif fon 12/21/2015 per R&R.
January 28, 2016
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MEMORANDUM-DECISION AND ORDER adopting Report and Recommendations re 6 Report and Recommendations. ORDERED that the amended complaint (Dkt. No. 7) is ACCEPTED AS FILED; and it is further ORDERED that the Report Recommendation (Dkt. No. 6) is ADOPTED as it applies to the amended complaint; and it is further ORDERED that plaintiff's Fourteenth Amendment deliberate medical indifference claim is DISMISSED without prejudice and with leave to amend; and it is further ORDERED that if plaintiff wishes to file a second amended complaint that correct the pleading defects identified with respect to his Fourteenth Amendment deliberate indifference claim, he shall do so within thirty (30) days of the date of this order; and it is further ORDERED that any second amended complaint plaintiff submits shall be a complete pleading, which will supersede the amended complaint, and may not incorporate any portion of the original or amended complaints by reference, in accordance with Local Rule 7.1(a)(4) of the Local Rules of Practice for this District; and it is further ORDERED that the Clerk of the Court shall add the City of Kingston as a defendant in this action and amend the caption accordingly; and it is further ORDERED that once the City of Kingston has filed an answer, plainitff must seek, through discovery, the identity of the Doe defendants; and it is further ORDERED that upon receipt from the plaintiff of the documents required for service of process, the Clerk of the Court shall issue a summons, together with a copy of plainitff's amended complaint, and forward them to the United States Marshal for service upon the City of Kingston; and it is further ORDERED that, after service of process on defendant City of Kingston, it shall file a response to the amended complaint as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that the Clerk of the Court shall mail a copy of this Memorandum-Decision and Order to plaintiff along with copies of the unpubished cited in this decision.. Signed by Judge Brenda K. Sannes on 1/28/2016. (khr) Mailed copy of Memorandun-Decision and Order with copies of unpublished decisions, Form USM-285 on 1/28/2016
September 19, 2018
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ORDER that Defendants' motion for summary judgment (Dkt. No. 108) as to the excessive force claim against Defendant Wilber and the Monell excessive force claim is GRANTED; Defendants' motion for summary judgment (Dkt. No. 108) is otherwise DENIED in its entirety. Signed by Judge Brenda K. Sannes on 9/19/18. (Copy served on plaintiff via regular mail)(rjb, )