Edwards v. Troy Police Department et al
| Rashad L. Edwards |
| Judge Jennifer G. Sober, Troy Police Department and Rensselaer County District Attorney's Office |
| 1:2019cv00543 |
| May 7, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 11
REPORT-RECOMMENDATION & ORDER re #8 Letter Motion for Rashad L. Edwards requesting U.S. Marshalls to serve the summons and complaint filed by Rashad L. Edwards, #1 Complaint filed by Rashad L. Edwards, #9 MOTION for Leave to Proceed in forma pauperis filed by Rashad L. Edwards. ORDERED, that plaintiffs motion for leave to proceed IFP is GRANTED (dkt. nos. 9-10) for purposes of filing; and it is further ORDERED, that plaintiffs request for the U.S. Marshals to serve the summons and complaint on defendants and to change his request to one for a trial by court (dkt. no. 8) is DENIED as moot, with leave to replead should the complaint proceed; and it is RECOMMENDED, that plaintiffs complaint be DISMISSED without prejudice and with opportunity to amend should plaintiff be able to overcome the Heck bar by demonstrating that all criminal charges and/or convictions resulting from his arrest on January 13,2018, have been dismissed/vacated by a Court of law; and it is further RECOMMENDED, that all claims against Judge Jennifer G. Sober be DISMISSED without prejudice should plaintiff be able to overcome a claim of judicial immunity and the Heck bar; and it is RECOMMENDED, that if the District Judge adopts this Report-Recommendation & Order, plaintiff be provided thirty (30) days from the date of that Order to file an amended complaint as to any claims dismissed without prejudice, and if plaintiff fails to file an amended complaint within that time frame, the complaint be dismissed without further order of the Court; ORDERED, that the Clerk of the Court serve this Report-Recommendation & Order on plaintiff in accordance with local rules. IT IS SO ORDERED. Objections to R&R due by 7/19/2019 Case Review Deadline 7/23/2019. Signed by Magistrate Judge Christian F. Hummel on 7/2/2019. (Copy served via regular mail)(khr)
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| Filing 10 INMATE AUTHORIZATION FORM by Rashad L. Edwards. (khr) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Rashad L. Edwards. Motions referred to Christian F. Hummel. (khr) |
| Filing 8 Letter Request/Motion for Rashad L. Edwards requesting U.S. Marshalls to serve the summons and complaint and to change demand from a trial by jury to demand a trial by court. (Attachments: #1 Envelope)(khr) |
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Filing 7
TEXT ORDER granting #5 Letter Request to provide a copy of the summons and complaint to Plaintiff. As Plaintiff, pro se, has requestd a copy of his summons and complaint, as well as proof of his pro se status, and has indicated that he has funds to pay for such copies, the Clerk is directed to forward a copy of Dkt. No. 1, Dkt. No. 2 and Dkt. No. 3 to Plaintiff and as a courtesy this one time, free of charge. The Clerk is also directed to provide a copy of the case docket to Plaintiff, which clearly indicates that Plaintiff is proceeding Pro Se. Plaintiff is directed to the Federal Rules of Civil Procedure, Rule 4 for guidance on the rules governing service of summons. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 5/22/2019. (Copy served via regular mail with copies on 5/22/2019)(tab)
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| Filing 6 Return of PRO SE NOTICE signed by Pltf. (sfp, ) |
| Filing 5 Letter Request asking for copy of complaint and summons and how to serve the defts. Also stating Shawnah Grimes is pltfs power of attorney. filed by Rashad L. Edwards. (sfp, ) |
| Filing 4 PRO SE HANDBOOK, Local rules and NOTICE issued and mailed to Pro se plaintiff. (sfp, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 8/5/2019 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/29/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) |
| Filing 2 Summons Issued as to Rensselaer County District Attorney's Office, Jennifer G. Sober, Troy Police Department. (Attachments: #1 Summons, #2 Summons)(sfp, ) |
| Filing 1 COMPLAINT against Rensselaer County District Attorney's Office, Jennifer G. Sober, Troy Police Department (Filing fee $400 receipt number ALB011370) filed by Rashad L. Edwards. (Attachments: #1 Civil Cover Sheet)(sfp, ) |
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