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14-1490 - Gray-Davis v. The State of New York et al


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14-1490 - Gray-Davis v. The State of New York et al
December 18, 2014
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ORDER: It is Ordered that Plaintiff's # 2 Motion for Leave to Proceed in forma pauperis filed by LaFrancis Gray-Davis is GRANTED. It is further Ordered that this action is STAYED for ninety (90) days to give plaintiff time to obtain counsel for her minor son. If there is no appearance by counsel on behalf of Plaintiffs minor son on or before March 18, 2015, then the Court will issue a Report and Recommendation to the assigned district court judge recommending that the claims asserted on behalf of the child be dismissed without prejudice. (Status Report due by 3/18/2015). Signed by Magistrate Judge Therese Wiley Dancks on 12/18/2014. {Copy of this Order sent to pro se plaintiff LaFrancis Gray-Davis by regular mail} (jmb)
March 30, 2015
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ORDER and REPORT-RECOMMENDATION re : 1 Complaint filed by LaFrancis Gray-Davis. Objections to R&R due by 4/16/2015. Case Review Deadline 4/20/2015. Signed by Magistrate Judge Therese Wiley Dancks on 3/30/2015. (Copy of this Order and Report-Recommendation served on pro se plaintiff with copies of the unpublished decisions cited herein via regular mail) (sg )
May 5, 2015
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DECISION & ORDER: It is Ordered that the # 6 Report and Recommendations by Magistrate Judge Therese Wiley Dancks is ACCEPTED and ADOPTED in its entirety. The following claims are DISMISSED with prejudice and without leave to amend: (1) all claims against Defendant State of New York; (2) all claims against Defendant Onondaga County Department of Corrections; (3) all claims against Defendant Syracuse City Police Department; (4) Plaintiffs 42 U.S.C. § 1983 claims for money damages against Defendants Annucci, Stanford, Rigby, Gronau, Green, Maher, Delaney, Fregoe, Montford, Butera, and John Doe Nos. 1-4; and (5) Plaintiffs claim for violation of their Fifth and Ninth Amendment rights. The following claims shall be DISMISSED with prejudice and without further Order of the Court UNLESS plaintiff files an Amended Complaint within 30 days of this Decision & Order: (1) Plaintiffs claims against Defendant County of Onondaga; (2) Plaintiffs claims against Defendant Hamlet of Jamesville (a/k/a City of Jamesville); (3) Plaintiffs claims against Defendant City of Syracuse; (4) Plaintiffs claims against Defendants Butera, Blume, Cowin and John Doe No. 16; and (5) Plaintiffs claims against Defendants Annucci and Stanford (EXCEPT for their 42 U.S.C. § 1983 claims for money damages against those two Defendants in their official capacities, which claims again are dismissed with prejudice and without leave to amend). It is Ordered that any Amended Complaint shall be filed by 6/4/2015. It is Ordered that Plaintiffs remaining claims i.e., their claims against Defendants Rigby, Gronau, Green, Maher, Delaney, Fregoe, and Montford (Remaining Defendants) for violation of Plaintiffs First, Fourth and Fourteenth Amendment rights SURVIVE the Courts initial review of the Complaint. The Clerk shall issue the summonses, along with copies of the Complaint and General Order 25 and the United States Marshal Service shall effect service of process. It is further Ordered that Plaintiffs shall take reasonable steps to identify Defendant John Doe Nos. 1-15 and, if necessary, make a motion seeking leave to amend her pleadings to add the proper party. {Copy sent to the pro se plaintiff by regular mail} Signed by Judge Glenn T. Suddaby on 5/5/2015. (jmb)
March 31, 2016
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DECISION AND ORDER granting #28 Motion to Dismiss for Failure to State a Claim. All of the remaining claims in Plaintiffs' Complaint (Dkt. No. 1) are dismissed EXCEPT for Plaintiffs' Fourth Amendment claim against John Doe Nos. 1-4, arising from the search of Plaintiffs' home, which remains pending in this action. Plaintiffs shall take reasonable steps to identify John Doe Nos. 1-4 and move to amend their Complaint to add the proper parties. The deadline for Plaintiff to file a motion to amend their complaint to identify John Does Nos. 1-4 is 5/31/16. Signed by Chief Judge Glenn T. Suddaby on 3/31/16. (lmw)(Copy served upon pro se plaintiff via regular mail)
September 23, 2016
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DECISION AND ORDER dismissing Plaintiffs' claims against John Does Nos. 1-4, as well as dismissing Plaintiffs' complaint. Signed by Chief Judge Glenn T. Suddaby on 9/23/16. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)