Fuller v. Johnson City Police Department et al
| Alesha T. Fuller |
| Patrolman Justin Davy and Johnson City Police Department |
| 3:2018cv00902 |
| August 2, 2018 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| David E Peebles |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing 4
ORDER, REPORT, AND RECOMMENDATION re #1 Complaint filed by Alesha T. Fuller: Ordered that plaintiff's motion to proceed in the action in forma pauperis (Dkt. No. #2 ) is Granted; Recommended, that plaintiff's complaint (Dkt. No. #1 ) be accepted for filing as against defendant Justin Davy, but that Johnson City be substituted as a defendant in the place of Johnson City Police Department and that plaintiff's claims against Johnson City be Dismissed, with leave to replead as against that defendant; Ordered, in the event this report, recommendation, and order is adopted, as follows: (1) The clerk of the court shall issue summonses directed to defendant Officer Justin Davy and forward it, with copies of plaintiff's complaint, to the United States Marshal, along with packets containing General Order No. 25, which set forth this district's Civil Case Management Plan, for service upon the named defendant. (2) The clerk is directed to schedule a Rule 16 conference. (3) Subsequent to service of process, defendant or his counsel shall file a formal response to plaintiff's complaint as provided for in the Federal Rules of Civil Procedure. Ordered that the clerk of the court serve a copy of this order, report, and recommendation upon the parties in accordance with this court's local rules. (Objections to R&R due by 9/27/2018, Case Review Deadline 10/1/2018), Motions terminated: #2 MOTION for Leave to Proceed in forma pauperis filed by Alesha T. Fuller.Signed by Magistrate Judge David E. Peebles on 09/10/2018. (Copy of the Order, Report and Recommendation was served upon pro se plaintiff via regular mail on 9/10/2018.)(hmr)
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| Filing 3 PRO SE HANDBOOK, LOCAL RULES and NOTICE issued and explained at time complaint was filed (jdp, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alesha T. Fuller. (Attachments: #1 Proposed Summons, #2 Proposed Summons) Motions referred to David E. Peebles. (jdp, ) |
| Filing 1 COMPLAINT against Justin Davy, Johnson City Police Department filed by Alesha T. Fuller. (Attachments: #1 Civil Cover Sheet)(jdp, ) (Attachment 1 replaced on 8/3/2018) (jdp, ). |
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