Gray-Davis v. The State of New York et al
| LaFrancis Gray-Davis and Myrell Davis |
| The State of New York, Paul Rigby, Tammy Gronau, Mr. Green, Maher, Delaney, Fregoe, Montford, Robert Butera, Anthony J. Annucci, Tina M. Stanford, Randy W. Blume, Timothy H. Cowin, County of Onondaga, Onondaga County Department of Correction, City of Jamesville, City of Syracuse, Syracuse City Police Department, John Doe, 1, John Doe, 2, John Doe, 3, John Doe, 4, John Doe, 5, John Doe, 6, John Doe, 7, John Doe, 8, John Doe, 9, John Doe, 10, John Doe, 11, John Doe, 12, John Doe, 13, John Doe, 14, John Doe, 15 and John Doe, 16 |
| 5:2014cv01490 |
| December 11, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
44
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)
|
|
Filing
40
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, ar ising 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)
|
|
Filing
7
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 a gainst 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 De fendants 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 prejudic e 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 sha ll 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)
|
|
Filing
4
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 fo r 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)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
