Wilmer v. Albany County Police et al
| Tiheem Wilmer |
| Scott Gavendy and Albany County Police |
| 1:2019cv01416 |
| November 18, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 7
DECISION AND ORDER that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. #6 ) is ACCEPTED and ADOPTED in its entirety. The claims in Plaintiff's Complaint (Dkt. No. #1 ) against the Albany County Police are DISMISSED with prejudice EXCEPT to the extent that Plaintiff wishes to assert those claims against the appropriate municipal entity as the real party in interest, which Plaintiff shall have an opportunity to do in the Amended Complaint that is discussed in the following paragraph. The remaining claims in Plaintiff's Complaint, which are asserted against Scott Gavendy, shall be DISMISSED with prejudice and without further Order of this Court UNLESS, within THIRTY (30) DAYS from the date of this Decision and Order, Plaintiff files an AMENDED COMPLAINT that corrects the pleading defects identified in those claims. Should Plaintiff file such a timely Amended Complaint, it will be referred to Magistrate Judge Dancks for her review. Signed by Chief Judge Glenn T. Suddaby on 1/13/2020. (Copy served upon Plaintiff via regular mail). (sal )
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| Set Deadlines: Notice of Compliance Deadline for Plaintiff to file an Amended Complaint set for 2/12/2020. (sal ) |
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Filing 6
ORDER AND REPORT AND RECOMMENDATION: It is hereby ORDERED that Plaintiff's #2 IFP Application is GRANTED and it is further RECOMMENDED that the #1 Complaint be DISMISSED WITH PREJUDICE as against the Albany County Police Department with leave to replead and substitute the appropriate municipal entity as the real party in interest; and it is further RECOMMENDED that the Complaint be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND as against Officer Gavendy; and it is further ORDERED that the Clerk serve a copy of this Order and Report-Recommendation on Plaintiff, along with a copy of the unpublished decisions cited herein in accordance with the Second Circuits decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009)( Objections to R&R due by 12/12/2019, Case Review Deadline 12/16/2019). Signed by Magistrate Judge Therese Wiley Dancks on 11/25/2019. {Clerk served copy upon Pro Se Plaintiff via regular mail}(pjh)
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| Filing 5 Case transferred in from District of New York Western; Case Number 1:19-cv-00591. electronically transferred when case opened |
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Filing 4
ORDER that the Court makes no ruling as to the sufficiency of the complaint or the merits of his application to proceed in forma pauperis. This matter is transferred to the United States District Court for the Northern District of New York. Signed by Hon. Lawrence J. Vilardo on 10/3/2019. (KM)(Plaintiff mailed a copy) [Transferred from New York Western on 11/18/2019.]
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| Filing 3 NOTICE to update address by Tiheem Wilmer. (KM) [Transferred from New York Western on 11/18/2019.] |
| Address updated from DIN #17-A-1117, GROVELAND CORRECTIONAL FACILITY, 7000 Sonyea Road, Box 50, Sonyea, NY 14556 to 2 Kent Street, 2nd Floor, Albany, NY 12208. (KM) [Transferred from New York Western on 11/18/2019.] |
| Remark: Pro Se packet mailed to Plaintiff including a privacy notice, consent to proceed before a magistrate judge, and a civil case timeline. (NRE) [Transferred from New York Western on 11/18/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tiheem Wilmer.(NRE) [Transferred from New York Western on 11/18/2019.] |
| Filing 1 COMPLAINT against Albany County Police, Scott Gavendy, filed by Tiheem Wilmer.(NRE) [Transferred from New York Western on 11/18/2019.] |
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