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16-601 - Morris v. Martin et al


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16-601 - Morris v. Martin et al
June 21, 2016
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ORDER AND REPORT-RECOMMENDATION: It is ORDERED that the Plaintiff's # 2 MOTION for Leave to Proceed in forma pauperis is GRANTED; and it is RECOMMENDED that the # 1 Complaint be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND against Defendants City of Albany and Albany County. It is RECOMMENDED that the # 1 Complaint be DISMISSED against Defendant District Attorney Soares, and that the DISMISSAL BE WITH PREJUDICE ON ABSOLUTE IMMUNITY GROUNDS EXCEPT as to Plaintiff's claims that Soares created practices and policies Martin and Soares used to pursue and falsely charge him, and that Soares failed to supervise and discipline the agents he used to investigate criminal charges against Plaintiff, and as to those claims, the Court RECOMMENDS THAT THE DISMISSAL BE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND; and it is further RECOMMENDED that the action be allowed to proceed against Defendants Martin, Seward, and Korkoff, and that Defendants, or their counsel, be required to file a response as provided for in Rule 12 of the Federal Rules of Civil Procedure. It is further RECOMMENDED that in the event the District Court allows Plaintiff to file an Amended Complaint, he be instructed that any Amended Complaint be a complete pleading that supersedes his original complaint in all respects (and does not incorporate by reference any portion of his original complaint); and that he not attempt to reassert any claims that have been dismissed with prejudice by the District Court. It is ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. (Objections to R&R due by 7/8/2016, Case Review Deadline 7/12/2016), Motions terminated: # 2 MOTION for Leave to Proceed in forma pauperis filed by Willie Morris. Signed by Magistrate Judge Therese Wiley Dancks on June 21, 2016. {The clerk mailed a copy of this Order and Report-Recommendation to the Pro Se Plaintiff at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13021 via regular U.S. Postal Mail}. (rep)
July 28, 2016
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MEMORANDUM-DECISION AND ORDER: ACCEPTING the # 4 Report and Recommendations. It is ORDERED that the # 1 Complaint is dismissed without prejudice and with leave to amend against defendants City of Albany and Albany County. It is further ORDERED that the Court dismisses with prejudice, on grounds of absolute immunity, all claims against District Attorney Soares, except for the following claims, which the Court dismisses without prejudice and with leave to amend: (1) the claims that District Attorney Soares created practices and policies that he and Jason Martin used to pursue and falsely charge defendant; and (2) the claims that that Soares failed to supervise and discipline the agents he used to investigate criminal charges against plaintiff; and it is further ORDERED that the action shall proceed against defendants Jason Martin, Jason Seward, and Steve Korkoff; and these defendants, or their counsel, shall file a response in accordance with Fed. R. Civ. P. 12. Additionally, it is ORDERED that any amended complaint must be a complete pleading that supersedes the original complaint in all respects (and does not incorporate by reference any portion of his original complaint); and that plaintiff shall not reassert any claims that have been dismissed with prejudice; and it is further ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York. Signed by Senior Judge Norman A. Mordue on July 28, 2016. {A copy of this Order was sent to the plaintiff at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13021 via regular U.S. Postal Mail}. (rep)
January 5, 2017
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ORDER AND REPORT-RECOMMENDATION: It is hereby RECOMMENDED that the Amended Complaint be DISMISSED WITH PREJUDICE ON ABSOLUTE IMMUNITY GROUNDS as against Defendant District Attorney Soares, EXCEPT as to Plaintiff's claim that Soares implemented a blanket policy allowing police misconduct claim, which the Court recommends be DISMISSED WITH PREJUDICE for failure to state a claim despite Plaintiff having been given two opportunities to do so; and it is further RECOMMENDED that the amended complaint (Dkt. No. [13-1]) be DISMISSED WITH PREJUDICE against Defendant Albany County; and it is further RECOMMENDED that the action be allowed to proceed against Defendants Martin, Seward, Korkoff, and the City of Albany, and that Defendants, or their counsel, be required to file a response as provided for in Rule 12 of the Federal Rules of Civil Procedure; and it is further ORDERED, that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 1/23/2017. Case Review Deadline 1/26/2017. Signed by Magistrate Judge Therese Wiley Dancks on January 5, 2017. (Copy served on the Pro Se Plaintiff via regular mail at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13021).(rep)
March 17, 2017
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***VACATED PURSUANT TO # 39 ORDER*** MEMORANDUM-DECISION AND ORDER denying 34 Motion to Dismiss. Signed by Senior Judge Norman A. Mordue on 3/17/17. (Copy served via regular mail)(sfp, ) Modified on 3/22/2017 to note that this order was vacated on 3/22/2017 (rep).
March 22, 2017
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MEMORANDUM-DECISION AND ORDER: It is ORDERED that the # 27 Report and Recommendation is adopted and accepted. It is further ORDERED that the Amended Complaint is dismissed with prejudice as against District Attorney Soares and Albany County. It is also ORDERED that the case shall proceed against the remaining defendants Jason Martin, Jason Seward, Steve Korkoff, and the City of Albany. It is ORDERED that the # 37 Order denying defendants' motion without prejudice is vacated. It is ORDERED that the Clerk of the Court is directed to reopen defendants' # 34 Motion. Lastly, it is ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York. Signed by Senior Judge Norman A. Mordue on March 22, 2017. {Copy sent to the pro se plaintiff at Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953 via regular mail}.(rep)