Benninger v. Hoyt et al
| Timathy A. Benninger |
| Rick Hoyt, Scott Cook and Aaron Palm |
| 3:2017cv00985 |
| September 5, 2017 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| David E. Peebles |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
DECISION and ORDER adopting Report and Recommendations re 7 Report and Recommendations. ORDERED that Magistrate Judge Peebles Report-Recommendation (Dkt. No. 7) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiffs equal protection, false arrest, and malicious prosecution claims against Defendants Hoyt and Cook are sua sponte DISMISSED from Plaintiffs Complaint (Dkt. No. 1) with leave to replead within THIRTY (30) DAYS from the date of this Decision and Ord er; ORDERED that SURVIVING the Courts sua sponte review of Plaintiffs Complaint (Dkt. No. 1) is Plaintiffs excessive force claim against Defendant Palm; and it is further ORDERED that the Clerk of Court is directed to issue a Summons for Defendant Palm and forward it, along with copies of the Complaint and a USM-285 Form, to the U.S. Marshal for service upon Defendant Palm. Signed by Chief Judge Glenn T. Suddaby on 12/12/2017. (Copy served via regular and certified mail)(khr)
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