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16-1239 - Gray v. Village of Ravena et al


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16-1239 - Gray v. Village of Ravena et al
December 16, 2016
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REPORT AND RECOMMENDATIONS and ORDER re 1 Complaint filed by Roscheem Gray. RECOMMENDED that pltf's claims relating to his underlying State conviction, and subsequent supervised release violation, be DISMISSED as follows: 1) First Cause of Action against defts Johnson and Cross regarding the first search conducted at Pltf's apartment should be dismissed; 2) Second Cause of Action against deft Johnson regarding the search warrant obtained and second search conducted at pltf's apartment by defts Johnson, DeLuca, and John or Jane Does should be dismissed; 3) Fifth Cause of Action against deft Darlington, Johnson, Cross, John or Jane Does regarding an overall conspiracy related to the evidence provided and/or withheld during the State criminal proceeding should be dismissed; and 4) Sixth Cause of Action against the Village of Ravena to the extent pltf seeks to hold the municipality liable for the acts/omissions supporting the bases for the Causes of Action noted above; RECOMMENDED that pltf's Third and Fourth Cause of Actions against defts Darlington, Johnson, Cross, and John or Jane Does, be allowed to go forward insofar as pltf claims these defts retained his personal property without providing him with a mechanism by which he could seek its return, and ignored his attempts to have such property returned to him, and pltf's Sixth Cause of Action to the extent it can be read as asserting municipal liability on the part of the Village of Ravena and Coeyman's Police Department for acts associated with pltf's Third and Fourth Causes of Action; RECOMMENDED that if the above recommendations are adopted, that deft DeLuca be DISMISSED from this action; RECOMMENDED that if the above recommendations are adopted, then the Clerk of the Court should be directed to issue Summonses and forward them, along with copies of the complaint to the U.S. Marshal be directed to serve the complaint upon the remaining defts and that the defts be directed to respond in accordance with Federal Rules of Civil Procedure. Objections to R&R due by 1/3/2017 Case Review Deadline 1/6/2017 Signed by Magistrate Judge Daniel J. Stewart on 12/16/2016. (Copy served upon pltf via regular mail on 12/19/2016)(see)
January 27, 2017
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th Plaintiff's Third and Fourth Causes of Action. Signed by Chief Judge Glenn T. Suddaby on 1/27/2017. (Copy served via regular mail)(mgh)DECISION and ORDER: ORDERED that Magistrate Judge Stewart's 6 Report-Recommendation is ACCEPTED and ADOPTED in its entirety. ORDERED that the following claims pertaining to Plaintiff's underlying State conviction are DISMISSED as set forth in this Order. ORDERED that Defendant DeLuca is DISMISSED as a Defendant in this action; ORDERED that Plaintiff's Third and Fourth Causes of Action against Defendants Darlington, Johnson, Cross, and John or Jane Does remain PENDING as set forth in the Order; ORDERED that Plaintiff's Sixth Cause of Action remain PENDING to the extent that it asserts a claim for municipal liability against Defendant Village of Ravena and Defendant Coeymans Police Department for acts associated wi
August 14, 2018
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DECISION AND ORDER granting #21 Defendant Village of Ravena's Motion to Dismiss; and Plaintiff's complaint against Defendant Village of Ravena is dismissed. Signed by Chief Judge Glenn T. Suddaby on 8/14/18. (lmw) (Copy served upon pro se plaintiff via regular mail)