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16-1140 - Phillips v. Proud et al


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16-1140 - Phillips v. Proud et al
November 2, 2016
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ORDER & REPORT-RECOMMENDATION: It is ORDERED that the # 5 Motion for Leave to Proceed in forma pauperis is GRANTED. It is RECOMMENDED that the # 1 Complaint filed by Clifton Phillips be DISMISSED WITH PREJUDICE as to defendants Syracuse Police Department, U.S. Marshal's Service, New York State Division of Parole, Give Operation Impact, State of New York and Gang Violence Task Force, if the District Court approves this recommendation, the Clerk will be directed to issue summonses and then forward them, along with copies of the complaint to the United States Marshal for service upon defendants David Proud, Paul Rigby, Michael Ferrante, Paul Casler, City of Syracuse, William Summers, Scott Fura, Jason Eiffe, and Jeffrey Ballagh. The Clerk should also be directed to forward a copy of the summons and complaint to the Office of the Corporation Counsel of the City of Syracuse, the Onondaga County Attorneys Office, and the Attorney General of the State of New York, together with a copy of this Order, and the Court order, a formal response to plaintiffs complaint shall be filed by the defendants as provided in the Federal Rules of Civil Procedure subsequent to service of process on the defendants. It is further Ordered that any document filed in this action should include a certificate of service. (Objections to R&R due by 11/21/2016, Case Review Deadline 11/23/2016). Signed by US Magistrate Judge Andrew T. Baxter on 11/1/2016. {Copy sent to the pro se plaintiff by regular mail} (jmb)
March 9, 2017
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a regular mail, as well as upon the Office of Corporation Counsel for the City of Syracuse, the Onondaga County Attorney's Office and the Attorney General of the State of New York ) (jmb)ORDER: It is Ordered that the # 9 Report and Recommendation is APPROVED and ADOPTED in its entirety. It is Ordered that any claims against defendants Syracuse Police Department, U.S. Marshal's Service, New York State Division of Parole, G.I.V.E. Operation Impact, State of New York and Gang Violence Task Force are DISMISSED with prejudice. The Clerk is directed to issue summonses and forward them, along with copies of the Complaint to the United States Marshal for service upon defendants David Proud, Paul Rigby, Michael Ferrante, Paul Casler, City of Syracuse, William Summers, Scott Fura, Jason Eiffe and Jeffrey Ballagh. The Clerk shall also forward a copy of the Summons and Complaint to the Office of Corporation Counsel of the City of Syracuse, the Onondaga County Attorney's Office and the Attorney General of the State of New York together with a copy of the Report-Recommendation. Signed by Senior Judge Lawrence E. Kahn on 3/8/2017. (Copy served upon the Pro Se Plaintiff vi
March 10, 2017
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AMENDED ORDER: Amending the # 10 Order on the # 9 Report and Recommendations, amended to direct the Clerk to issue a summons for defendant David Metz, as he was inadvertently omitted from the previous order, the Clerk is also directed to schedule a Rule 16 Conference now that the plaintiff is no longer incarcerated. Signed by Senior Judge Lawrence E. Kahn on 3/10/2017. (Copy served upon the Pro Se Plaintiff via regular mail, as well as upon the Office of Corporation Counsel for the City of Syracuse, the Onondaga County Attorney's Office and the Attorney General of the State of New York) (jmb)