Weilburg v. Rodgers et al
| Daro C. Weilburg |
| John S. Rodgers, Ethan C. Koss, Norman Button and Jane/John Doe |
| 5:2022cv00435 |
| May 4, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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Filing 12
TEXT ORDER: Court has reviewed plaintiff's motion to withdraw (Dkt. No. #11 ) his motion to compel (Dkt. No. #8 ) which is denied as moot since the Court already ruled on the motion to compel and denied it without prejudice. (See Dkt. No. 10 .) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/16/2022.(A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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Filing 11
Letter Request/Motion from Daro C. Weilburg requesting to withdraw motion to compel. (khr)
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Filing 10
TEXT ORDER denying #8 Motion to Compel : Court reviewed plaintiff's motion to compel (Dkt. No. 8) defendant Rodgers to provide an unredacted copy of certain body camera footage. However, the complaint is still under review, no defendants have been served with an approved operative complaint, and issue has not been joined. Therefore, plaintiff's motion is denied at this time without prejudice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/8/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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Filing 9
USB Drive: Utica Clerk's Office received a USB drive containing digital media - Exhibit 2 to #7 Objection to Report-Recommendaton. Not available for public viewing. (see)
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Filing 8
MOTION to Compel filed by Daro C. Weilburg. Response to Motion due by 6/28/2022 (Attachments: #1 Envelope) Motions referred to Therese Wiley Dancks. (khr)
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Filing 7
OBJECTION to #6 Report and Recommendations by Daro C. Weilburg. (Attachments: #1 Envelope)(khr)
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Filing 6
REPORT-RECOMMENDATION and ORDER re #2 MOTION for Leave to Proceed in forma pauperis filed by Daro C. Weilburg filed by Daro C. Weilburg, #1 Complaint, filed by Daro C. Weilburg :ORDERED that Plaintiffs motion to proceed in forma pauperis (Dkt. No. #2 ) is GRANTED, 3 and it is RECOMMENDED that Plaintiffs false arrest claim against Trooper Koss survive sua sponte review; and it is further RECOMMENDED that Trooper Koss be ORDERED to file a formal response to Plaintiffs Complaint (Dkt. No. 1) as provided for in the Federal Rules of Civil Procedure subsequent to service of process; and it is further RECOMMENDED that Plaintiffs malicious prosecution claim against ADA Rodgers be DISMISSED WITH LEAVE TO AMEND, and it is further RECOMMENDED that Norman Button, Jane Doe, and John Doe be DISMISSED; and it is further ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report- Recommendation, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Objections to R&R due by 6/14/2022 Case Review Deadline 6/17/2022. Signed by Magistrate Judge Therese Wiley Dancks on 5/31/2022. (Copy served via regular mail)(egr)
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Filing 5
PRO SE NOTICE returned executed by Daro C. Weilburg. (khr)
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Filing 4
EXHIBITS 1 -4 to COMPLAINT #1 filed by Daro C. Weilburg. (khr)
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TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr)
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Filing 3
PRO SE HANDBOOK, NOTICE and LOCAL RULES issued on 5/4/2022 and mailed to pro se plaintiff. (khr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Daro C. Weilburg Motions referred to Therese Wiley Dancks. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Norman Button, Jane/John Doe((Rodgers) Husband/Wife), Jane/John Doe(Husband/Wife), Jane/John Doe((Koss) husband/wife), Ethan C. Koss, John S. Rodgers filed by Daro C. Weilburg. (Attachments: #1 Exhibit)(khr) (Additional attachment(s) added on 5/5/2022: #2 Envelope) (khr, ).
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