Phillips v. Syracuse Police Department et al
| Amiara Phillips |
| Syracuse Police Department, David Proud, Erich Braun, Staub, Paul Rigby, Scott Fura, John Doe, Michael Ferrante and City of Syracuse |
| 5:2018cv00029 |
| January 5, 2018 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Andrew T. Baxter |
| Lawrence E. Kahn |
| Personal Injury- Product Liability |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
26
DECISION AND ORDER - That Defendants' Motion to Dismiss Plaintiff's Complaint for failure to prosecute pursuant to Fed. R. Civ. P. 41(b)(Dkt. No. 24) is GRANTED. That Plaintiff's Complaint (Dkt. No. 1 is DISMISSED without prejudice. That the Clerk of the Court is directed to close this action. Signed by Senior Judge Lawrence E. Kahn on 7/30/2019. (Copy served via regular and certified mail)(jel, )
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Filing
8
ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED with prejudice as to defendants Syracuse Police Department and Ferrante; it i s further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED without prejudice as to defendants City of Syracuse, Braun, Fura, Staub, and Rigby; and it is further ORDERED, that Plaintiffs Fourth Amendment claim relating to the search of Pl aintiffs vehicle is DISMISSED with prejudice; and it is further ORDERED, that Plaintiffs claim of malicious prosecution is DISMISSED without prejudice; and it is further ORDERED, that the case proceeds as to Plaintiffs claims of false arrest against Proud and the John Doe defendant, if he can be identified and timely served; and it is further ORDERED, that this case be referred to Judge Baxter for further proceedings, including the ordering of service on the appropriate defendant(s) Signed by Senior Judge Lawrence E. Kahn on June 28, 2018. (Copy served via regular mail)(sas)
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