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16-1475 - Edwards v. Syracuse Police Department et al


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16-1475 - Edwards v. Syracuse Police Department et al
December 30, 2016
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REPORT, RECOMMENDATION, AND ORDER that it is hereby ORDERED that plaintiff's 2 motion for leave to proceed IFP is GRANTED; RECOMMENDED that defendant Syracuse Police Department be DISMISSED from the action and the City of Syracuse be substituted in its place; RECOMMENDED that plaintiff's 1 complaint be otherwise accepted for filing; RECOMMENDED that, in the event the recommendations listed herein are adopted, the court issue the orders regarding service and the issuance of a General Order 25 as detailed further within this document. (Objections to R&R due by 1/17/2017, Case Review Deadline 1/20/2017). Signed by Magistrate Judge David E. Peebles on 12/30/2016. (Copy served via regular mail upon plaintiff). (sal )
January 23, 2017
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ORDER adopting Report and Recommendations re 4 Report and Recommendations.; finding as moot 6 Motion for Leave to Proceed in forma pauperisORDERS that Magistrate Judge Peebles' December 30, 2016 Report, Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court furtherORDERS that Defendant Syracuse Police Department is DISMISSED from this action and the City of Syracuse is substituted in its place as a Defendant; and the Court furtherORDERS that Plaintiff's amended complaint, see Dkt. No. 5, is ACCEPTED for filing; and the Court furtherORDERS that Plaintiff's most recently filed motion for leave to proceed in forma pauperis,see Dkt. No. 6, is DENIED as moot for the reasons stated herein; and the Court furtherORDERS that the Clerk of the Court shall issue summonses and forward them with copies of the amended complaint to the United States Marshal, along with packets containing General Order 25, which sets forth this District's Civil Case Management Plan, for service on the four named Defendants; and the Court furtherORDERS that the Courtroom Deputy Clerk shall schedule a Rule 16 conference; and the Court furtherORDERS that, subsequent to service of process on Defendants, Defendants or their counsel shall file a formal response to Plaintiff's amended complaint in compliance with the Federal Rulesof Civil Procedure; and the Court furtherORDERS that parties shall file all pleadings, motions and other documents relating to this action with the Clerk of the United States District Court, Northern District of New York, James Hanley U.S. Courthouse & Federal Building, 7th Floor, 100 South Clinton Street, Syracuse, New York 13261-7367. The parties must accompany any paper that they send to the Court or tothe Clerk of the Court with a certificate showing that they have mailed a true and correct copy of the same to all opposing parties or their counsel. The Court will return, without processing, any document that the Court or the Clerk of the Court receives that does not include a certificate of service showing that the party served a copy on all opposing parties ortheir counsel. Plaintiff must comply with any requests of the Clerk's Office for any documents that are necessary to maintain this action. All parties must comply with Local Rule 7.1 of the Northern District of New York in filing motions, which the parties must make returnable before the undersigned district judge with proper allowance for notice as the Rules require. The Court will decide all motions based on the papers that the parties submit, without oral argument, unless the Court orders otherwise. Plaintiff must promptly notify the Clerk's Office and all parties or their counsel of any change in his address; his failure to do so will result in the dismissal ofthis action.IT IS SO ORDERED. Signed by Senior Judge Frederick J. Scullin, Jr on 1/23/2017. (khr)
August 30, 2017
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by Gregory Edwards, 26 MOTION to Compel. RECOMMENDED that plaintiff's complaint in this action be DISMISSED; and it is further RECOMMENDED that defendants' motion to compel (Dkt. No. 26) is DENIED as moot. Objections to R&R due by 9/18/2017 Case Review Deadline 9/20/2017. Signed by Magistrate Judge David E. Peebles on August 30, 2017. (Copy served via regular mail)(khr)
September 20, 2017
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ORDER: The Court hereby ORDERS that Magistrate Judge Peebles' August 30, 2017 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiff's # 5 amended complaint is DISMISSED pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Court further ORDERS that Defendants' # 26 motion to compel is DENIED as moot. The Court further ORDERS that the Clerk of the Court shall enter judgment and close this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/20/2017. [Copy served upon pro se plaintiff via regular and certified mail.] (nmk)
September 20, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Magistrate Judge Peebles' August 30, 2017 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiff's # 5 amended complaint is DISMISSED pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Court further ORDERS that Defendants' # 26 motion to compel is DENIED as moot. Judgment is entered in favor of Defendants. [Copy served upon pro se plaintiff via regular and certified mail.] (nmk)