Corye et al v. Doe 1 et al
| Julian Corye and Christina Ferkey |
| John Doe 1, John Doe 2, Albany Police Department and Albany District Attorney |
| 1:2016cv00887 |
| July 18, 2016 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Therese Wiley Dancks |
| Glenn T. Suddaby |
| Other Personal Injury |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
45
DECISION AND ORDER accepting and adopting # 44 Magistrate Judge Dancks' Report and Recommendation. Plaintiff Christina Ferkey's claims in the Amended Complaint are dismissed with prejudice for failure to prosecute. The Clerk of Court is directed to amend the case caption of this action so as to terminate Christina Ferkey as a plaintiff. Signed by Chief Judge Glenn T. Suddaby on 12/1/17. (lmw) (Copy served upon pro se plaintiffs via regular mail)
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Filing
10
DECISION AND ORDER: adopting the # 9 Order and Report-Recommendation of Magistrate Judge Therese Wiley Dancks. It is ORDERED that the following claims in Plaintiffs' # 5 Amended Complaint are DISMISSED with prejudice: (1) all of Plaintiffs&# 039; claims against Defendant Soares; (2) Plaintiffs' negligence claim against Defendant Anderson. It is further ORDERED that the following claims in Plaintiffs' Amended complaint shall be DISMISSED with prejudice without further Order of t he Court UNLESS, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiffs file a Second Amended Complaint correcting the pleading defects identified by Magistrate Judge Dancks: (1) Plaintiffs' false arrest claim against Defenda nt Anderson; (2) Plaintiffs' false imprisonment claim against Defendant Anderson; and (3) Plaintiffs' claim of violation of their right to equal protection against Defendant Anderson. It is further ORDERED that all of the claims in Plaintif fs' # 5 Amended Complaint against Defendant Michel (i.e. Plaintiffs' claims of false arrest, false imprisonment and excessive force) may proceed now. It is further ORDERED that the Clerk shall issue a summons for Defendant Michel using th e address found in Plaintiffs' Amended Complaint and forward it, along with a copy of the Amended Complaint. to the United States Marshal for service upon Defendant Michel. The Clerk shall forward a copy of the summons and complaint by mail to t he Office of the Albany Corporation Counsel at City Hall, Room 106, 24 Eagle Street, Albany, NY 12207, together with a copy of this Decision and Order. It is further ORDERED that a response to the complaint be filed by defendant Michel, or his counse l, as provided for in the Federal Rules of Civil Procedure. It is further ORDERED that all pleadings, motions and other documents relating to this action must bear the case number assigned to this ation and be filed with the Clerk of the United State s District Court, Northern District of New York, 7th Floor, Federal Building, 100 S. Clinton St., Syracuse, New York 13261-7367. Any paper sent by a party to the Court or the Clerk must be accompanied by a certificate showing that a true and correct copy of the same was served on all opposing parties or their counsel. Any document received by the Clerk or the Court which does not include a proper certificate of service will be stricken from the docket. Plaintiffs must comply with any request by 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. Plaintiff is also required to promptly notify the Clerk's O ffice and all parties or their counsel, in writing, of any change in their address; their failure to do so will result in the dismissal of his action. Signed by Chief Judge Glenn T. Suddaby on 11/18/2016. [Copy served upon pro se plaintiffs and the Office of Albany Corporation Counsel via regular mail.] (mc)
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