Carlisle v. Jefferson County et al
| Steven Carlisle |
| Jefferson County, Colleen O'Neil, Charles Donoghue, Kristina Mills, Scott Gray, Jeff Smith, Matt Timerman, Jay Donovan, Gary Pasqua, Jeff Prebish, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, JOHN DOE 9, JOHN DOE 10, JOHN DOE 11, JOHN DOE 12, JOHN DOE 13 and Scott Schoen |
| 5:2022cv00200 |
| March 3, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 7
ORDER ON REPORT & RECOMMENDATION: It is hereby ORDERED that the #4 Report and Recommendations is ACCEPTED; and it is further ORDERED that to the extent plaintiff bases his complaint upon criminal statutes, those claims are DISMISSED WITH PREJUDICE against all of the named defendants in accordance with the R&R; and it is further ORDERED that any claims alleged by plaintiff under the Equal Protection Clause of the New York State Constitution are DISMISSED WITH PREJUDICE against all of the named defendants in accordance with the R&R; and it is further ORDERED that any claims alleged by plaintiff under New York Civil Rights Law 40-c are DISMISSED WITHOUT PREJUDICE against all of the named defendants in accordance with the R&R; and it is further ORDERED that Plaintiffs 1983 conspiracy, excessive force, and/or failure to intervene claims against all of the named defendants are DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that Plaintiff shall have forty-five (45) days from the date of this Order in which to amend his complaint in accordance with the instructions set forth in Judge Baxters Report & Recommendation; and it is further ORDERED that if plaintiff does not file an amended complaint within this forty-five day period, the Clerk of the Court shall enter a judgment accordingly and close the file without further Order of this Court. Signed by Judge David N. Hurd on 4/7/2022. (Copy served via regular mail)(pjh, )
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| Filing 6 OBJECTION to the DKT #4 Report and Recommendations by Steven Carlisle. Appears to be a duplicate of DKT #5 Objection. (gmd, ) |
| Filing 5 OBJECTION to the DKT #4 Report and Recommendations by Steven Carlisle. (gmd, ) |
| Filing 4 REPORT AND RECOMMENDATIONS #2 MOTION for Leave to Proceed in forma pauperis #1 Complaint ( Objections to R&R due by 3/31/2022, Case Review Deadline 4/4/2022): ORDERED, that plaintiffs motion to proceed IFP (Dkt. No. 2) is GRANTED FOR PURPOSES OF FILING at this time, and it is RECOMMENDED, that to the extent plaintiff bases his complaint upon criminal statutes, those claims be DISMISSED WITH PREJUDICE as against all of the named defendants, and it is RECOMMENDED, that any claims alleged by plaintiff under the Equal Protection Clause of the New York State Constitution be DISMISSED WITH PREJUDICE as against all of the named defendants, and it is RECOMMENDED, that any claims by plaintiff under New York Civil Rights Law 40-c be DISMISSED WITHOUT PREJUDICE as against all of the named defendants, and it is RECOMMENDED, that any conspiracy, excessive force, and/or failure to intervene claims alleged by plaintiff under 1983 as against all of the named defendants be DISMISSED WITHOUT PREJUDICE to plaintiff amending his complaint, and it is RECOMMENDED, that if the District Judge adopts this recommendation, plaintiff be given forty-five (45) days to amend his complaint to the extent authorized, and that plaintiff be advised that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERCEDE THE ORIGINAL, and that plaintiff must include all the remaining facts and causes of action in the amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the district court adopts this recommendation, and plaintiff files a proposed amended complaint, the proposed amended complaint be returned to me for review of the amended complaint and any further orders relating to service on the defendants, and it is ORDERED, that while plaintiff may file objections to this Order and Report- Recommendation, before plaintiff submits any amended pleading, he should wait for the District Court to rule on the above Orders and Recommendations. Pursuant to 28 U.S.C. 636(b)(1) and Local Rule 72.1(c), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec. of Health & Human Servs., 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(e), 72. Signed by US Magistrate Judge Andrew T. Baxter on March 17, 2022. (Copy served via regular mail)(gmd, ) |
| Filing 3 PRO SE HANDBOOK, NOTICE and LOCAL RULES mailed to plaintiff on 3/3/22. (gmd, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Steven Carlisle (Attachments: #1 Proposed Summons) Motions referred to Andrew T. Baxter. (gmd, ) |
| Filing 1 COMPLAINT WITH EXHIBITS against Charles Donoghue, Jay Donovan, Scott Gray, JOHN DOE 1, JOHN DOE 10, JOHN DOE 11, JOHN DOE 12, JOHN DOE 13, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, JOHN DOE 9, Jefferson County, Kristina Mills, Colleen O'Neil, Gary Pasqua, Jeff Prebish, Jeff Smith, Matt Timerman filed by Steven Carlisle. (Attachments: #1 Civil Cover Sheet)(gmd, ) (Additional attachment(s) added on 3/3/2022: #2 Inner Envelope, #3 Envelope) (gmd, ). |
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