Sullivan v. City of Glens Falls et al
| Lyndsea K. Sullivan |
| City of Glens Falls, Glens Falls Police Department, Officer Bradley Murphy, Officer Christopher Perilli, Detective Seth French, Sergeant Carl J. Mattison and Assistant Chief Shawn Lovelace |
| 1:2022cv00630 |
| June 13, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 8
TEXT ORDER granting in part and denying in part without prejudice Plaintiff's letter-request (Dkt. No. #7 ) for clarification and a copy of pretrial minutes. Plaintiff's Amended Complaint would not be due until 30 days from the date of the undersigned's Decision and Order adopting Magistrate Judge Baxter's Report-Recommendation, which has not yet occurred. As a result, there is no need at this time for an extension of the deadline by which to file an Amended Complaint. As for Plaintiff's request for a copy of pretrial minutes, because those minutes are from proceedings not held in this Court, the Court is without the authority to either grant the request or add the cost to Plaintiff's filing fee. The only procedural guidance the Court can offer is that, apart from attempting to obtain the minutes during discovery in this action, Plaintiff might receive assistance by calling the District's Pro Se Assistance Program at 877-422-1011 or emailing that Program at prose@ndnyfcba.org. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/8/2022. (Copy served upon plaintiff via regular mail) (sal )
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Filing 7
Letter Request from Lyndsea K. Sullivan. (gmd, )
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Filing 6
Letter from Lyndsea Sullivan requesting confirmation case was received. Clerk mailed a copy of the docket sheet and an additional copy of the Order and Report Recommendation on 7/8/2022. (gmd, )
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Filing 5
ORDER and REPORT-RECOMMENDATIONS: Dkt. #1 Complaint, Dkt. #2 MOTION for Leave to Proceed in forma pauperis, and Dkt. #4 MOTION to Appoint Counsel:it is ORDERED, that plaintiffs application to proceed IFP (Dkt. No. 2) is GRANTED, and it is RECOMMENDED, that the complaint be dismissed WITH PREJUDICE as to the GLENS FALLS POLICE DEPARTMENT, and it is RECOMMENDED, that the complaint in its entirety be DISMISSED WITHOUT PREJUDICE as to DEFENDANTS CITY OF GLENS FALLS and LOVELACE, and it is RECOMMENDED, that (1) the claims for false arrest, malicious prosecution, and abuse of process proceed as against defendants Murphy and Perilli; (2) the claim for false arrest also proceed as against defendant Mattison, while the claims for malicious prosecution and abuse of process be dismissed without prejudice as to this defendant; and (3) the claim for malicious prosecution also proceed as against defendant French, while the claims for false arrest and abuse of process be dismissed without prejudice as to this defendant; However, the court will defer service on the defendants until the District Judge has the opportunity to review this Order and Report-Recommendation and plaintiff has had the opportunity to amend his complaint, if appropriate, and it is RECOMMENDED, that to the extent that plaintiff is attempting to assert an equal protection claim or a claim for negligent investigation, they be DISMISSED WITHOUT PREJUDICE as against all defendants, and it is RECOMMENDED, that if the District Judge approves this Order and Report- Recommendation, plaintiff be given thirty (30) days from the date of the District Judges order within which to submit a proposed amended complaint to the court for its consideration, and it is RECOMMENDED, that after the expiration of thirty (30) days, or any extended time ordered by the court, the complaint or any amended complaint may be returned to me for further review, and it is RECOMMENDED, that if the court approves this recommendation, and plaintiff chooses to file an amended complaint, plaintiff be warned that any such amended complaint must be a complete pleading which will supercede the original and must set forth all of the claims plaintiff seeks to assert in this action against the persons named as defendants and may not incorporate by reference or otherwise any claims contained in the original complaint, and it is ORDERED, that plaintiffs motion for appointment of counsel (Dkt. No. 4) is DENIED WITHOUT PREJUDICE AS PREMATURE, and it is ORDERED, that the Clerk of the Court shall serve a copy of this Order and Report-Recommendation on plaintiff in accordance with the Local Rules. Pursuant to 28 U.S.C. 636(b)(1) and Local Rule 72.1(c), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW.( Objections to R&R due by 7/15/2022, Case Review Deadline 7/18/2022). Signed by US Magistrate Judge Andrew T. Baxter on July 1, 2022. (Copy served via regular mail)(gmd, )
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Filing 4
MOTION to Appoint Counsel filed by Lyndsea K. Sullivan.(meb)
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Filing 3
INMATE AUTHORIZATION FORM filed by Lyndsea K. Sullivan. (meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Lyndsea K. Sullivan.(meb)
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Filing 1
COMPLAINT WITH JURY DEMAND against City of Glens Falls, Seth French, Glens Falls Police Department, Shawn Lovelace, Carl J. Mattison, Bradley Murphy, Christopher Perilli filed by Lyndsea K. Sullivan. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Mailing envelope)(meb) (Attachment 1 replaced on 6/15/2022 with a redacted version) (meb). (Attachment 1 replaced on 6/15/2022 with a redacted version) (meb).
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