Dayter v. Caputo et al
||July 10, 2019
||US District Court for the Northern District of New York
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:1983 Civil Rights Act
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|July 10, 2019
DECISION & ORDER. The 5 Report-Recommendation of Magistrate Judge Dancks is hereby ACCEPTED and ADOPTED. The Court hereby ORDERS that the Clerk of the Court is hereby DIRECTED to provide the Superintendent of the facility that Plaintiff has desig nated as his current location with a copy of Plaintiff's 3 inmate authorization form, and notify that official that Plaintiff has filed this action and is required to pay the Northern District of New York the entire statutory filing fee of 36;350 in installments, pursuant to 28 U.S.C. 1915. Plaintiff's Complaint is hereby ACCEPTED FOR FILING with respect to Plaintiff's claims for excessive force and failure-to-intervene against Defendants Caputo and Sleurs only. Plaintiff 039;s claims against Defendant Judge Donovan are hereby DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendant Bethlehem Police Department are hereby DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendants Caputo and Sleur s are hereby DISMISSED WITHOUT PREJUDICE TO REPLEADING. Plaintiff's illegal search and seizure claim against Defendant Cross is hereby DISMISSED WITHOUT PREJUDICE TO REPLEADING. Plaintiff's claims for false arrest, false imprisonment, mal icious prosecution, defamation, slander and violation of due process are DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff may raise such claims only after an action that removes the Heck bar. Should Plaintif f chose to file an Amended Complaint, that Amended Complaint should be consistent with Magistrate Judge Dancks' recommendations and filed within 30 days of the date of this order. Plaintiff is advised that an amended complaint supersedes in all respects the prior pleading. Therefore, if plaintiff files an amended complaint, he must properly allege in the 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 7/10/2019. (Copy served via regular and certified mail) (dpk)
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