ed-george v. Burns et al
| ed-george |
| Kathleen Burns, Anthony Kalimeras, Jeff Cohen, Darrell Day, David M. Ackert, Town of Lloyd, The People of the State of New York, Town of Lloyd Court, Eugene J. Rizzo, Amy Shuman, Daniel M. Martuscello, Raymond Costantino, Nancy E. Hammond, Michael Horodyski, Kevin Brenie, Patrick Phillips and Town of Lloyd Police Department |
| 1:2009cv00869 |
| July 29, 2009 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| David R. Homer |
| Glenn T. Suddaby |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
25
JUDGMENT is entered in favor of The People of the State of New York, Town of Lloyd, Town of Lloyd Court, Town of Lloyd Police Department, Amy Shuman, Anthony Kalimeras, Daniel M. Martuscello, Darrell Day, David M. Ackert, Eugene J. Rizzo, Jeff Cohen, Kathleen Burns, Kevin Brenie, Michael Horodyski, Nancy E. Hammond, Patrick Phillips, and Raymond Costantino against ed-george pursuant to the # 24 Decision and Order of District Judge Glenn T. Suddaby. {Copy served upon pro se Plaintiff by regular mail at "ed-george, 17901-052, Edmond Parenteau, MCC New York, Metropolitan Correctional Center, 150 Park Row, New York, NY 10007" and at "ed-george, General Post Office, Kearny, NJ 07032".} (mae)
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Filing
12
ORDER adopting as modified herein the # 4 Report and Recommendations of Magistrate Judge Homer. It is Ordered that the # 2 motion to proceed in forma pauperis is conditionally Granted. Within 30 days of the date of this Order Plaintiff shall ei ther re-submit an IFP application that complies with 28 U.S.C. Section 1746 or pay the filing fee of $350.00. Further Ordered that if Plaintiff does not comply with these conditions his in forma pauperis status will be revoked and his entire Co mplaint will be Dismissed without further Order of the Court. It is Ordered that within 30 days Plaintiff shall file a letter advising the Court of the status of the criminal proceedings brought against him related to this action. If Plaintiff fails to provide said letter the claims against Defendants Town of Lloyd, Burns, Kalimeras, Cohen, and Day will be sua sponte Dismissed. Further Ordered that the claims against Defendants Rizzo, Shuman, Martuscello, Costantino, Hammond, Horodyski, Brenie, Phillips, Ackert, Town of Lloyd Police Department, Town of Lloyd Justice Court, and the State of New York are sua sponte Dismissed. Signed by Judge Glenn T. Suddaby on 9/8/2009. {Copy served upon pro se Plaintiff by regular mail} (mae)
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Filing
4
REPORT-RECOMMENDATION AND ORDER: IT IS HEREBY RECOMMENDED that the complaint as to defendant State of New York be dismissed; it is further RECOMMENDED that the claims against Town Justice Eugene J. Rizzo by dismissed; and it is further RECOMMENDED, t hat defendants Constantino, Hammond, Horodyski, Brenie and Phillips be dismissed; and it is further ORDERED, that ed-george's 2 in forma pauperis application is granted, the clerk shall issue summonses and forward the summons and complaint to the U.S. Marshals Service for service. Objections to R&R due by 8/20/2009 ; Case Review Deadline 8/26/2009. A copy of this Report-Recommendation and Order has been sent via regular mail to pro se plaintiff. Signed by Magistrate Judge David R. Homer on 8/6/09. (sg )
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