Flagg v. N.Y.S. Division of Parole et al
Plaintiff: Laytonia Flagg
Defendant: Syracuse Police Dept., N.Y.S. Division of Parole, Mark Saben, D.P. Proud, William J. Fitzpatrick, Richard Curran, Detective William Summers, Sean Chase, Sgt. Llukaci and PO Rigby
Case Number: 5:2019cv00886
Filed: July 23, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Thomas J McAvoy
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2022 Opinion or Order Filing 62 JUDGMENT in favor of D.P. Proud, Mark Saben, William Summers against Laytonia Flagg. (Copy served on Pro Se plaintiff via regular and certified mail) (jdp )
September 9, 2022 Opinion or Order Filing 61 ORDER: GRANTING Defendants #49 Motion and GRANTING Defendants #50 Motion.. Signed by Senior Judge Thomas J. McAvoy on 9/9/2022. (Copy served on Pro Se Plaintiff via regular and certified mail)(jdp )
September 9, 2022 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY : Clerk inadvertently filed Decision Order signed by the incorrect Judge. Clerk has fixed the docket to reflect the Decision and Order was signed and filed by Senior Judge Thomas J. McAvoy. (copy served on Pro Se Plaintiff via regular mail) (jdp )
August 23, 2022 Opinion or Order Filing 60 AFFIDAVIT of Service for Motion for Summary Judgment on behalf of Marc Saben served on Plaintiff Flagg on 02/28/2022, filed by Mark Saben. (Latino, Melissa)
June 9, 2022 Opinion or Order Filing 59 TEXT ORDER granting the #58 Letter Request requesting withdraw of F. Raju. Authorized by Senior Judge Thomas J. McAvoy on 6/9/2022. (amt)
June 8, 2022 Opinion or Order Filing 58 Letter Motion from Todd M. Long for D.P. Proud, William Summers requesting withdraw of F. Raju submitted to Judge McAvoy . (Long, Todd)
June 3, 2022 Opinion or Order Filing 57 NOTICE of Appearance by Todd M. Long on behalf of D.P. Proud, William Summers (Long, Todd)
March 31, 2022 Opinion or Order Filing 56 TEXT ORDER: Granting #55 Letter Motion to be withdrawn. Attorney Patrick R. Blood is hereby terminated. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/31/2022. [Copy served upon pro se plaintiff via regular mail](kmc)
March 31, 2022 Opinion or Order Filing 55 Letter Motion from Patrick Blood for D.P. Proud, William Summers requesting withdrawal of counsel submitted to Judge Baxter . (Blood, Patrick)
March 31, 2022 Opinion or Order Filing 54 NOTICE of Appearance by Finney Raju, I on behalf of D.P. Proud, William Summers (Raju, Finney)
March 28, 2022 Opinion or Order Filing 53 REPLY to Response to Motion re #50 First MOTION for Summary Judgment filed by Mark Saben. Motion returnable before Judge Hon. Andrew Baxter., #49 MOTION for Summary Judgment filed by D.P. Proud, William Summers. Motion returnable before Judge McAvoy. filed by D.P. Proud, William Summers. (Blood, Patrick)
March 1, 2022 Opinion or Order Filing 52 AFFIDAVIT re #49 MOTION for Summary Judgment filed by D.P. Proud, William Summers. Motion returnable before Judge McAvoy. Affidavit of Service by D.P. Proud, William Summers. (Blood, Patrick)
February 28, 2022 Opinion or Order Filing 51 Medical Records filed by Mark Saben. (Attachments: #1 Declaration of Marc Saben with Exhibits A-C)(Latino, Melissa)
February 28, 2022 Opinion or Order Filing 50 First MOTION for Summary Judgment filed by Mark Saben. Motion returnable before Judge Hon. Andrew Baxter. Response to Motion due by 3/21/2022. Reply to Response to Motion due by 3/28/2022 (Attachments: #1 Memorandum of Law, #2 Declaration AAG Latino, #3 Exhibit(s) Latino Dec; Ex. A, #4 Exhibit(s) Latino Dec; Ex. B, #5 Exhibit(s) Latino Dec; Ex. C (Depo. Flagg, Day 1, Part 1), #6 Exhibit(s) Latino Dec; Ex. C (Depo. Flagg, Day 1, Part 2), #7 Exhibit(s) Latino Dec; Ex. C (Depo. Flagg, Day 2, Part 1), #8 Exhibit(s) Latino Dec; Ex. C (Depo. Flagg, Day 2, Part 2), #9 Exhibit(s) Latino Dec; Ex. D (Depo Rodriguez), #10 Statement of Material Facts) (Latino, Melissa)
February 28, 2022 Opinion or Order Filing 49 MOTION for Summary Judgment filed by D.P. Proud, William Summers. Motion returnable before Judge McAvoy. Response to Motion due by 3/21/2022. Reply to Response to Motion due by 3/28/2022 (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Statement of Material Facts Statement of Material Facts, #3 Declaration Attorney Patrick Blood, #4 Exhibit(s) Exhibit 1 - Flagg Deposition (Day 1), #5 Exhibit(s) Exhibit 2 - Flagg Deposition (Day 2), #6 Exhibit(s) Exhibit 3 - Rodriguez Deposition, #7 Exhibit(s) Exhibit 4 - Statement on the Record (5-14-21), #8 Exhibit(s) Exhibit 5 - Statement on the Record (6-25-21), #9 Exhibit(s) Exhibit 6 - Police Report of William Summers, #10 Exhibit(s) Exhibit 7 - Police Report of Jason Eiffe, #11 Exhibit(s) Exhibit 8 - Police Report of Ed Falkowski, #12 Exhibit(s) Exhibit 9 - Police Report of James Cinque, #13 Exhibit(s) Exhibit 10 - Police Report of Kevin Solderholm, #14 Exhibit(s) Exhibit 11 - Police Report of Richard Curran, #15 Exhibit(s) Exhibit 12 - Search Warrant Application, #16 Exhibit(s) Exhibit 13 - Statement of Marc Saben, #17 Exhibit(s) Exhibit 14 - Statement of Mario Leslie, #18 Exhibit(s) Exhibit 15 - Letter to Ms. Flagg from DA, #19 Exhibit(s) Exhibit 16 - Art. 13-A Stipulation and Waiver, #20 Exhibit(s) Exhibit 17 - Signed Search Warrants, #21 Exhibit(s) Exhibit 18 - January 27, 2017 Suppression Hearing Transcript, #22 Exhibit(s) Exhibit 19 - Mario Leslie Certificate of Conviction, #23 Exhibit(s) Exhibit 20 - Letter from Tamacha Rodriguez) (Blood, Patrick)
May 26, 2021 Opinion or Order ***Terminated status conference hearing. (kmc)
May 26, 2021 Opinion or Order TEXT Minute Entry for a telephonic Status Conference held on 5/26/2021 before U.S. Magistrate Judge Andrew T. Baxter. The court discussed the status of the issues between the parties involving discovery. Defense counsel indicated they are going to reschedule depositions for non-party witnesses, Mario Leslie and Tamacha Rodriguez and attempt again to subpoena them. Ms. Flagg stated that she did not have a telephone number for Mr. Leslie and that the phone number for Ms. Rodriquez was listed on a prior statement she made. Defense counsel indicated to Ms. Flagg that they will advise when the depositions are scheduled if she wishes to appear. Plaintiff stated she did not wish to attend these depositions. Defense made a document demand to obtain Ms. Flagg's bank statements, but she declined to provide them. Ms. Flagg indicated she previously submitted tax documents reflecting her income, but she is not in a position to incur the expense of ordering the bank records that defense counsel has requested. The court directed Mr. Blood to issue a subpoena for Ms. Flagg's bank records and expressed a willingness to so-order the subpoena. Appearances: Laytonia Flagg, pro se plaintiff; Patrick Blood, Esq. and Melissa Latino Esq, for defendants. (Court Reporter: Jodi Hibbard. Time: 3:32 PM - 3:47 PM) [Copy served upon pro se plaintiff via regular mail.] (kmc)
May 18, 2021 Opinion or Order Filing 48 TEXT ORDER: Plaintiff failed to call in for the status conference that was scheduled for 5/18/2021 at 3:30 p.m. That telephone conference is rescheduled to Wednesday, 5/26/2021 at 3:30 p.m. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. PLAINTIFF IS WARNED THAT HER FAILURE TO PARTICIPATE IN THE RESCHEDULED TELEPHONE CONFERENCE OR TO OTHERWISE COMPLY WITH THE DIRECTIVES OF THIS COURT MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING THE POSSIBLE DISMISSAL OF HER ACTION. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/18/2021. [Copy served upon pro se plaintiff regular mail](kmc)
May 17, 2021 Opinion or Order Filing 47 STATUS REPORT by D.P. Proud, William Summers. (Attachments: #1 Supplement Emails w/ Counsel (1), #2 Supplement Emails w/ Counsel (2), #3 Supplement Emails w/ Counsel (3), #4 Supplement Emails w/ Counsel (4))(Blood, Patrick)
January 19, 2021 Opinion or Order Filing 46 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 3/5/2021. Discovery cutoff is 12/31/2021 (plaintiff's expert disclosures due by 10/4/2021; defendants' expert disclosures due by 11/16/2021; and any rebuttal disclosures are due by 12/1/2021). Substantive motions to be filed by 2/28/2022. Anticipated length of trial: 1 day. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 1/19/2021. [Copy served upon pro se plaintiff via regular mail.] (nmk)
January 19, 2021 Opinion or Order TEXT NOTICE of Hearing: A telephonic Status Conference is set for 5/18/2021 at 03:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (nmk)
January 19, 2021 Opinion or Order TEXT Minute Entry for stenographically-recorded telephonic Rule 16 conference held on 1/19/2021 before U.S. Magistrate Judge Andrew T. Baxter: Court explains the process of handling a lawsuit, including pretrial deadlines and discovery responsibilities. Mandatory disclosures are due by 1/26/2021. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge McAvoy. The parties may submit a proposed protective order for the court's consideration. Plaintiff confirms her contact information. A follow-up telephonic status conference is set for 5/18/2021 at 3:30 PM. Appearances: Laytonia Flagg, pro se plaintiff; Patrick Blood, Esq. and Melissa Latino Esq, for defendants. (Court Reporter: Hannah Cavanaugh. Time: 10:34 AM - 11:13 AM) [Copy served upon pro se plaintiff via regular mail.] (nmk)
January 12, 2021 Opinion or Order Filing 45 CIVIL CASE MANAGEMENT PLAN by D.P. Proud, William Summers. (Blood, Patrick)
January 5, 2021 Opinion or Order TEXT NOTICE re telephonic Rule 16 Conference set for 1/19/2021 at 10:30 AM. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. [Copy served upon pro se plaintiff via regular mail.] (nmk)
December 20, 2020 Opinion or Order Filing 44 AFFIDAVIT of Service for Answer to Complaint by Defendant Saben served on Plaintiff Laytonia Flagg on 12/18/2020, filed by Mark Saben. (Latino, Melissa)
December 17, 2020 Opinion or Order Filing 43 First ANSWER to #3 Amended Complaint by Mark Saben.(Latino, Melissa)
December 3, 2020 Opinion or Order Filing 42 TEXT ORDER: The deadline for defendant Mark Saben to file an answer to the Amended Complaint is 12/17/2020. A joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/12/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) A telephonic Rule 16 Conference is set for 1/19/2021 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/3/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk)
October 26, 2020 Opinion or Order Filing 41 TEXT ORDER: To the extent Plaintiffs October 20, 2020 letter (Dkt. #40 ) is intended as a motion seeking an order or judgment awarding her the money that is the subject of this litigation ($40,000.00), Plaintiff fails to comply with Local Rule 7.1 which requires a notice of motion, a memorandum of law, supporting affidavit, and proof of service on all parties. The motion (Dkt. #40 ) is denied without prejudice to renewal upon proper papers. Authorized by Senior Judge Thomas J. McAvoy on 10/26/2020. (Copy served upon Pltf via regular mail)(amt)
October 22, 2020 Opinion or Order Filing 40 Letter Motion dated October 20, 2020 by Laytonia Flagg requesting that her money be returned. (jel, )
October 16, 2020 Opinion or Order Christina F. DeJoseph has been terminated as an attorney of record for defendants per her #39 request. The Office of the Corporation Counsel remains counsel for defendants. (nmk) Modified on 10/16/2020, copy served upon plaintiff via regular mail. (nmk)
October 15, 2020 Opinion or Order Filing 39 Letter Motion from Christina F. DeJoseph for Richard Curran, D.P. Proud, William Summers requesting to withdraw as counsel for defendants submitted to Judge Hon. Andrew T. Baxter . (DeJoseph, Christina)
September 28, 2020 Opinion or Order Filing 38 RETURN RECEIPT received as to served on LF re #37 Order on Motion to Dismiss for Failure to State a Claim on 9/23/2020. (jel, )
September 21, 2020 Opinion or Order Filing 37 DECISION & ORDER - Defendant Richard Curran's motion to dismiss, dkt. 22, is GRANTED, and the Fourth Amendment claims against him are DISMISSED without prejudice to repleading, and any due process claim against him based on the failure to return Plaintiff's $40,000 in Plaintiff's son's state court criminal action or in the state court civil forfeiture is DISMISSED with prejudice. Defendant Mark Saben's motion to dismiss, dkt. 31, is GRANTED in part and DENIED in part. The motion is granted in that all Fourth Amendment claims brought against him in his official capacity, and any due process claim against him for the failure to return Plaintiff's $40,000 in Plaintiff's son's state court criminal action or in the state court civil forfeiture action, are DISMISSED with prejudice. The motion is denied in all other respects. Plaintiff may file a second amended complaint within thirty days of the date of this order. Failure to file a second amended complaint within that time will cause the Court to proceed on the remaining allegations in the Amended Complaint. Plaintiff is advised that an amended complaint supersedes in all respects the prior pleading. Any amended complaint must be a complete pleading and include all facts and claims not otherwise dismissed by the Court with prejudice. Therefore, if plaintiff files a second amended complaint, she must properly allege in the second amended complaint all factual bases for all claims asserted therein, and the amended complaint must be in compliance with Rules 8 and 10 of the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 9/21/2020. (Copy served via regular mail)(jel, )
September 21, 2020 Opinion or Order Set Deadlines/Hearings: Second Amended Complaint due by 10/21/2020. Case Review Deadline 10/22/2020. (jel, )
June 10, 2020 Opinion or Order Filing 36 CERTIFICATE OF SERVICE by Richard Curran, D.P. Proud, William Summers re #35 Notice of Appearance (Blood, Patrick)
June 10, 2020 Opinion or Order Filing 35 NOTICE of Appearance by Patrick R. Blood on behalf of Richard Curran, D.P. Proud, William Summers (Blood, Patrick)
February 24, 2020 Opinion or Order TEXT NOTICE to parties advising that defendant Saben's #31 Motion to Dismiss that is on Judge McAvoy's 2/28/20 Motion Calendar is on submit basis. Appearances are not required. [Served by mail.] (sfp, )
February 19, 2020 Opinion or Order Filing 34 REPLY to Response to Motion re #31 First MOTION to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction Reply filed by Mark Saben. (Latino, Melissa)
February 12, 2020 Opinion or Order Filing 33 RESPONSE in Opposition to the #31 First MOTION to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction filed by Laytonia Flagg, Pro Se. (pjh)
January 28, 2020 Opinion or Order Filing 32 COURT NOTICE to Plaintiff Flagg advising her response to Defendant Saben's #31 MOTION to Dismiss is to be filed by 2/11/20. [Served by reg. mail.] (sfp, )
January 27, 2020 Opinion or Order Filing 31 First MOTION to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction Motion Hearing set for 2/28/2020 09:30 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 2/11/2020 Reply to Response to Motion due by 2/18/2020. filed by Mark Saben. (Attachments: #1 Memorandum of Law, #2 Declaration of Service) (Latino, Melissa)
January 16, 2020 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The #30 Certificate of Service stated in the caption that the document was a "Notice of Motion". The document was replaced with a corrected version. (pjh)
January 15, 2020 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Richard Curran, D.P. Proud, William Summers re #29 Reply to Response to Motion (D'Agostino, Mary) Main Document 30 replaced on 1/16/2020 with a corrected version (pjh.).
January 15, 2020 Opinion or Order Filing 29 REPLY to Response to Motion re #22 First MOTION to Dismiss for Failure to State a Claim waiving reply papers filed by Richard Curran, D.P. Proud, William Summers. (D'Agostino, Mary)
January 15, 2020 Opinion or Order Filing 28 RESPONSE in Opposition to the #22 First MOTION to Dismiss for Failure to State a Claim filed by Laytonia Flagg, Pro Se. (pjh)
December 27, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The #26 Acknowledgment of Service (USM 285 Form) was corrected to reflect that it is a USM 299 Form. (pjh)
December 26, 2019 Opinion or Order Filing 27 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $40.00. (nas, )
December 20, 2019 Opinion or Order Filing 26 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Mark Saben served on 11/26/2019, answer due 1/27/2020. Acknowledgment filed by Mark Saben. (Latino, Melissa) Modified on 12/27/2019 to correct the event (pjh).
December 18, 2019 Opinion or Order Filing 25 TEXT ORDER: The telephonic Rule 16 conference set for 1/08/2020 and 01/02/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/18/2019. [Copy served upon pro se plaintiff via regular mail.] (nmk)
December 3, 2019 Opinion or Order Filing 24 COURT NOTICE to Plaintiff Flagg advising that her response to Defendant's #22 MOTION to Dismiss defendant Curran from the action is due by 12/27/19. This motion is on submit basis, appearances are not required. [Served by reg. mail.] (sfp, )
November 27, 2019 Opinion or Order Filing 23 CERTIFICATE OF SERVICE by Richard Curran, D.P. Proud, William Summers re #22 First MOTION to Dismiss for Failure to State a Claim (D'Agostino, Mary)
November 27, 2019 Opinion or Order Filing 22 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 1/13/2020 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 12/27/2019 Reply to Response to Motion due by 1/2/2020. filed by Richard Curran, D.P. Proud, William Summers. (Attachments: #1 Declaration, #2 Exhibit(s) A - amended complaint, #3 Exhibit(s) B - answer, #4 Memorandum of Law) (D'Agostino, Mary)
November 26, 2019 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Richard Curran, D.P. Proud, William Summers (DeJoseph, Christina)
November 26, 2019 Opinion or Order Filing 20 NOTICE of Appearance by Christina F. DeJoseph on behalf of Richard Curran, D.P. Proud, William Summers (DeJoseph, Christina)
November 26, 2019 Opinion or Order Filing 19 ANSWER to #3 Amended Complaint by Richard Curran, D.P. Proud, William Summers.(D'Agostino, Mary)
November 26, 2019 Opinion or Order Filing 18 Summons Reissued as to Mark Saben. (nas, )
November 26, 2019 Opinion or Order Filing 17 Summons Returned Unexecuted as to Mark Saben. (nas, )
November 26, 2019 Opinion or Order Filing 16 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $32.00. (nas, )
November 25, 2019 Opinion or Order Filing 15 NOTICE of Appearance by Mary L. D'Agostino on behalf of Richard Curran, D.P. Proud, William Summers (D'Agostino, Mary) (Main Document 15 replaced on 11/27/2019) to correct case number (pjh)
November 25, 2019 Opinion or Order Filing 14 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Richard Curran served on 10/25/2019, answer due 12/24/2019; William Summers served on 10/25/2019, answer due 12/24/2019. (nas, )
November 25, 2019 Opinion or Order Filing 13 Letter from City of Syracuse Corporation Counsel indicating that Mark Saben is not an employee of the Syracuse Police Department. (nas, )
November 25, 2019 Opinion or Order Filing 12 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to D.P. Proud served on 10/25/2019, answer due 12/24/2019. (nas, )
October 24, 2019 Opinion or Order Clerk served a copy of the summons and amended complaint upon the Corporation Counsel of the City of Syracuse and the New York State Attorney Generals Office, together with a copy of the #9 Decision and Order, the #7 Order and Report Recommendation via regular mail on 10/10/2019. (pjh)
October 10, 2019 Opinion or Order Filing 11 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/8/2020 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/2/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh) Modified on 10/11/2019 {Clerk served a copy on Pro Se Plaintiff via regular mail on 10/10/2019} (pjh).
October 10, 2019 Opinion or Order Filing 10 Summons Issued as to Mark Saben.(Attachments: #1 Summons Issued as to Defendant Summers, #2 Summons Issued as to Defendant Proud, #3 Summons Issued as to Defendant Curran)(pjh)
October 10, 2019 Opinion or Order Filing 9 ORDER it is hereby ORDERED that the Clerk shall issue summonses and forward them, along with copies of the #3 amended complaint, and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York to the United States Marshal for service upon the defendants SABEN, SUMMERS, PROUD, and CURRAN. The Clerk shall forward a copy of the summons and amended complaint to the Corporation Counsel of the City of Syracuse and the New York State Attorney Generals Office, together with a copy of this Decision and Order, the #7 Order and Report Recommendation. Signed by US Magistrate Judge Andrew T. Baxter on 10/10/2019. {Copy served on Pro Se Plaintiff via regular mail}(pjh)
October 8, 2019 Opinion or Order Filing 8 DECISION AND ORDER accepting and adopting the #7 Report and Recommendation. IT IS HEREBY ORDERED that Plaintiff's Amended Complaint #3 is DISMISSED in its entirety as against defendants N.Y.S. Division of Parole, Syracuse Police Department, William J. Fitzpatrick, and Sean Chase, and it is further ORDERED that to the extent the Amended Complaint may be read as naming SGT. Llukaci or PO Rigby, it is DISMISSED WITHOUT PREJUDICE for failure to state a claim, and it is further ORDERED that the case be returned to Magistrate Judge Baxter for further proceedings, including an order serving the remaining defendants: Saben, Summers, Proud, and Curran. Signed by Senior Judge Thomas J. McAvoy on 10/8/2019. {Clerk served a copy on Pro Se Plaintiff via regular mail on 10/8/2019} (pjh)
August 15, 2019 Opinion or Order Filing 7 ORDER and REPORT-RECOMMENDATION re #3 Amended Complaint filed by Laytonia Flagg. ORDERED that pltf's #4 MOTION for Leave to Proceed in forma pauperis is GRANTED; RECOMMENDED that the #3 amended complaint be DISMISSED IN ITS ENTIRETY as against defts N.Y.S. DIVISION OF PAROLE; SYRACUSE POLICE DEPARTMENT; WILLIAM J. PITZPATRICK; AND SEAN CHASE; RECOMMENDED that to the extent that the AC may be read as naming SGT. Llukaci or PO RIGBY, the AC may be dismissed WITHOUT PREJUDICE for failure to state a claim; RECOMMNEDED that if the District Court adopts this Recommendation, the case be returned to me for further proceedings, including an order serving the remaining defts: SABEN, SUMMERS, PROUD, and CURRAN. ( Objections to R&R due by 9/3/2019, Case Review Deadline 9/5/2019) Signed by US Magistrate Judge Andrew T. Baxter on 8/15/2019. (Copy served upon Laytonia Flagg via regular mail on 8/16/2019)(see)
August 1, 2019 Opinion or Order Filing 6 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. So Ordered by Senior Judge Thomas J. McAvoy on 8/1/2019. (Copy served upon Laytonia Flagg via regular mail on 8/1/2019)(see, )
July 30, 2019 Filing 5 PRO SE HANDBOOK and NOTICE issued and explained to Laytonia Flagg at time amended complaint was filed at the counter of the Syracuse Clerk's Office, and a copy was returned. (see)
July 30, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Laytonia Flagg. (Attachments: #1 Proposed Summons William Fitzpatrick, #2 Proposed Summons Mark Saben, #3 Proposed Summons Sgt. D.P. Proud, #4 Proposed Summons Syracuse Police Department, #5 Proposed Summons Richard Curran, #6 Proposed Summons A. Llukaci, #7 Proposed Summons Sean Chase) Motions referred to Andrew T. Baxter. (see)
July 30, 2019 Filing 3 AMENDED COMPLAINT against All Defendants filed by Laytonia Flagg. (Attachments: #1 Civil Cover Sheet)(see)
July 24, 2019 Opinion or Order Filing 2 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Signed by Senior Judge Thomas J. McAvoy on 7/23/2019. (Copy served upon Laytonia Flagg via regular mail on 7/24/2019 along with a blank IFP application, civil cover sheet, and proposed summonses)(see)
July 23, 2019 Filing 1 COMPLAINT with Jury Demand against All Defendants filed by Laytonia Flagg.(see)

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Search for this case: Flagg v. N.Y.S. Division of Parole et al
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Defendant: Syracuse Police Dept.
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Defendant: N.Y.S. Division of Parole
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Defendant: Mark Saben
Represented By: Melissa A. Latino
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Defendant: D.P. Proud
Represented By: Mary L. D'Agostino
Represented By: Patrick R. Blood
Represented By: Todd M. Long
Represented By: Christina F. DeJoseph
Represented By: Finney Raju, I
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Defendant: William J. Fitzpatrick
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Defendant: Richard Curran
Represented By: Mary L. D'Agostino
Represented By: Patrick R. Blood
Represented By: Christina F. DeJoseph
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Defendant: Detective William Summers
Represented By: Mary L. D'Agostino
Represented By: Patrick R. Blood
Represented By: Todd M. Long
Represented By: Christina F. DeJoseph
Represented By: Finney Raju, I
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Defendant: Sean Chase
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Defendant: Sgt. Llukaci
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Defendant: PO Rigby
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Plaintiff: Laytonia Flagg
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