Best v. Village of Ellenville et al
| Timothy Dean Best |
| Village of Ellenville Police Department and Village of Ellenville |
| 1:2014cv00968 |
| July 31, 2014 |
| US District Court for the Northern District of New York |
| Albany Office |
| XX US, Outside State |
| Andrew T. Baxter |
| David N. Hurd |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
14
DECISION and ORDER: ORDERED that 1. Magistrate Judge Baxter's October 23, 2014 10 Order and Report- Recommendation is ADOPTED in part and REJECTED in part as set forth above; 2. The Clerk shall issue a summons and forward it, along with a copy of the amended complaint, to the United States Marshal for service upon the Village of Ellenville; 3. A response to the 42 U.S.C. § 1983 claim in plaintiff's amended complaint be filed by the Village of Ellenville or its counsel as provided for in the Federal Rules of Civil Procedure; 4. The Clerk is directed to serve a copy of the October 23, 2014 Order and Report-Recommendation and a copy of this Decision and Order upon defendant Village of Ellenville and defendant Office r Donald Langlois; and 5. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED by Judge David N. Hurd on 11/14/2014. (ptm) (copy served on plaintiff by Certified Mail, Return Receipt requested)
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Filing
7
DECISION and ORDER adopting 6 Report and Recommendations. ORDERED that Plaintiff's complaint is DISMISSED with prejudice as to defendant Village of Ellenville Police Department and defendant Village of Ellenville. Plaintiff has forty-five (4 5) days from the date of this Decision and Order to submit for review an amended complaint that complies with the specifications set forth in the Report-Recommendation, including an amendment to include the name of any officer or officers that plaintiff believes was (were) responsible for the use of excessive force or failure to warn him of his rights. Signed by Judge David N. Hurd on 9/3/2014. (dpk)
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