Dayter v. Caputo et al
| Nicholas Dayter |
| David Caputo, Bethlehem Police Department, Craig Sleurs, Donovan and J.E. Cross |
| 6:2019cv00477 |
| April 24, 2019 |
| US District Court for the Northern District of New York |
| Utica Office |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| 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 10, 2019. A more recent docket listing may be available from PACER.
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Filing 5
ORDER AND REPORT AND RECOMMENDATION: It is ORDERED that Plaintiff's #2 IFP application is GRANTED; and it is further RECOMMENDED that the Clerk be directed to provide the Superintendent of the facility that Plaintiff has designated as his current location with a copy of Plaintiff's inmate authorization form (Dkt. No. #3 ) and notify that official that Plaintiff has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350 in installments over time pursuant to 28 USC Sec. 1915; and it is further RECOMMENDED that Plaintiff's claims against Defendant Judge Donovan be dismissed with prejudice as set forth herein; and it is further RECOMMENDED that Plaintiff's claims against Defendant Bethlehem Police Department be dismissed with prejudice as set forth herein; and it is further RECOMMENDED that Plaintiff be provided with an opportunity to amend his complaint as set forth herein; and it is further RECOMMENDED that Plaintiff's excessive force and failure to protect claims against Defendants Caputo and Sleurs survive initial review and require a response; and it is further RECOMMENDED that Plaintiff's assault claims against Defendants Caputo and Sleurs be dismissed without prejudice and with leave to amend as set forth herein; and it is further RECOMMENDED that Plaintiff's illegal search and seizure claim against Defendant Cross be dismissed without prejudice and with leave to amend as set forth herein; and it is RECOMMENDED that Plaintiff's remaining claims for false arrest, false imprisonment, malicious prosecution, defamation, slander, and violation of due process be dismissed without prejudice as set forth herein; and it is further RECOMMENDED that in the event the District Court allows Plaintiff to file an amended complaint, he be instructed that any amended complaint be a complete pleading that supersedes his original complaint in all respects and in all respects complies with Federal Rules of Civil Procedure as set forth herein; and it is further ORDERED that the Clerk serve a copy of this Order and Report-Recommendation on Plaintiff along with copies of the unpublished decisions cited herein. Signed by Magistrate Judge Therese Wiley Dancks on 6/3/2019. (copy of ths Order and Report-Recommendation with attached unpublished citations served on pro se party via regular mail.)(sg)
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Filing 4
NOTICE of Change of Address by Nicholas Dayter and inquiry as to status of case. (rar)
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Plaintiff's address modified from Mohawk C.F. to Collins C.F. per notice filed in 9:19-cv-301. (nas, )
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Filing 3
INMATE AUTHORIZATION FORM by Nicholas Dayter. (rar, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Nicholas Dayter. (rar, ) (Main Document 2 replaced with redacted image due to personal identifiers on 4/24/2019) (rar, ).
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Filing 1
COMPLAINT against Bethlehem Police Department, David Caputo, J.E. Cross, Donovan, Craig Sleurs filed by Nicholas Dayter. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope) (rar)
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