DeRocha v. North Syracuse Police
| Matthew DeRocha |
| North Syracuse Police |
| 5:2018cv01052 |
| September 4, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 13
ORDER - That the #5 Order and Report-Recommendation is ADOPTED in its entirety. That the complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE to plaintiff submitting a proposed amended complaint for the court's review, which was previously been filed (Dkt. No. 11). Signed by Senior Judge Gary L. Sharpe on 10/29/2018. (Copy served via regular mail)(jel, )
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Filing 12
TEXT ORDER: granting #10 motion for leave to proceed IFP for purposes of filing and for consideration of this court's #5 Order and Report-Recommendation. Plaintiff's original IFP motion #2 was insufficient. The court ordered plaintiff to properly complete and resubmit such motion. Plaintiff has done so, and the court finds that he is financially eligible to proceed IFP. This court reviewed the merits of plaintiff's original complaint in the Order and Report-Recommendation #5 , which is pending before Judge Sharpe. I recommended dismissing without prejudice to plaintiff filing an amended complaint. He has done so at #11 . If the Order and Report-Recommendation #5 is adopted by Judge Sharpe, the court may return the proposed amended complaint #11 to me for my review. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/24/2018. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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| Filing 11 AMENDED COMPLAINT with Jury Demand against Village of North Syracuse Police Department filed by Matthew DeRocha.(hmr) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Matthew DeRocha. Motions referred to Andrew T. Baxter. (hmr) |
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Filing 9
TEXT ONLY ORDER---The court will take no action on the recommendation in Judge Andrew T. Baxter's Order and Report-Recommendation (R&R), (Dkt. No. 5), unless and until plaintiff files a complete motion to proceed in forma pauperis and that application is granted by Judge Baxter or plaintiff pays the full filing fee. To act on the R&R sooner would be premature. In the event that plaintiff fails to either seek IFP or pay the filing fee within fourteen (14) days of the date of this Text Only Order, the Clerk is directed to administratively close this action without further order. The court directs the Clerk to mail plaintiff an in forma pauperis application with the text order. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/17/2018. (Copy served via regular mail)(jel, )
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| Filing 8 TEXT ORDER: granting #6 Letter Request for an extension of time. Any Objections to the #5 Report-Recommendation are to be filed by 10/31/2018. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/5/2018. [Copy served upon pro se plaintiff via regular mail.] (nmk) |
| Filing 7 Submission in Support of #6 Letter Motion requesting an extension of time to submit objections and fix complaint filed by plaintiff Matthew DeRocha. (sal ) |
| Filing 6 Letter Motion from Matthew DeRocha requesting extension of time to submit his objections and fix his complaint submitted to U.S. Magistrate Judge Andrew T. Baxter. (hmr) |
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Filing 5
ORDER and REPORT-RECOMMENDATION re #1 Complaint filed by Matthew DeRocha: Ordered, that plaintiff's motion to proceed IFP (Dkt. No. #2 ) is Denied Without Prejudice to plaintiff filing an amended and complete application; Recommended that the entire complaint be Dismissed Without Prejudice to plaintiff submitting a proposed amended complaint as stated above for the court's review; Recommended, that if the District Judge adopts this Recommendation, the plaintiff be given forty-five (45) days to file his proposed amended complaint; Recommended, that if plaintiff files a proposed amended pleading, the pleading be returned to me for initial review; Recommended, that if the District Judge adopts this recommendation and plaintiff fails to submit a timely proposed amended complaint or ask for an extension of time to do so, the complaint be dismissed in its entirety without further action by the court, and Ordered, that the Clerk of the Court serve a copy of this Order and Report-Recommendation on the plaintiff in accordance with the Local Rules of the Northern District of New York. (Objections to R&R due by 10/1/2018, Case Review Deadline 10/3/2018), Motions terminated: #2 MOTION for Leave to Proceed in forma pauperis filed by Matthew DeRocha.Signed by US Magistrate Judge Andrew T. Baxter on 09/12/2018. (Copy of this Order and Report-Recommendation was served upon pro se plaintiff via regular mail, along with a blank in forma pauperis application on 9/12/2018.)(hmr)
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| Filing 4 NOTICE of Change of Address by Matthew DeRocha Effective Date 09/07/2018 Old Address: 401 Smith Street, Apartment #D4, Syracuse, NY 13224 New Address: 1074 South Clinton Street, Syracuse, NY 13202. (hmr) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained to Matthew DeRocha at time complaint was filed. [Pro Se Plaintiff received a copy of the pro se notice and packet at the counter, when he picked up the paperwork on 8/4/2018.] (hmr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Matthew DeRocha. (Attachments: #1 Proposed Summons) Motions referred to Andrew T. Baxter. (hmr) |
| Filing 1 COMPLAINT with Jury Demand against North Syracuse Police filed by Matthew DeRocha. (Attachments: #1 Civil Cover Sheet)(hmr) |
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| Plaintiff: Matthew DeRocha | |
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| Defendant: North Syracuse Police | |
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