Credell v. Dawley et al
| Darnell Credell |
| Matt Dawley, J. Giaquinto and Lawlee |
| 7:2016cv00857 |
| July 13, 2016 |
| US District Court for the Northern District of New York |
| Watertown Office |
| Jefferson |
| Therese Wiley Dancks |
| Gary L. Sharpe |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
12
ORDER - ORDERED that the Order and Report-Recommendation (Dkt. No.11) is ADOPTED in its entirety; and it is further ORDERED that plaintiff's Fourth Amendment illegal search and seizure claim be allowed to proceed against defenda nts Det. Matt Dawley, P.O. J. Giaquinto, and Sgt. Lawlee; and it is further ORDERED that plaintiff is directed to file with the Clerk a summons addressed to each defendant for service of process within thirty (30) days from the date of this order; and it is further ORDERED that a formal response to plaintiff's amended complaint be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of p rocess on defendants; and it is further ORDERED that plaintiffs Fourteenth Amendment due process claim against Defendant Det. Matt Dawley be DISMISSED WITH PREJUDICE and without leave to amend for failure to state a claim; and it is further ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this courts Local Rules. Signed by Senior Judge Gary L. Sharpe on 10/11/2016. (jel, )
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Filing
9
ORDER - ORDERED that the Order and Report-Recommendation and Order (Dkt. No. 5) is ADOPTED in its entirety; and it is further ORDERED that plaintiff's Fourth Amendment illegal search and seizure claim is dismissed without prejudice with leave to amend for failure to state a claim against Sgt. Lawlee; and it is further ORDERED that plaintiff's Fourth Amendment illegal search and seizure claim is allowed to proceed against defendants Det. Matt Dawley and P.O. J. Giaquinto, a nd that defendants, or their counsel, are required to file a response as provided for in Rule 12 of the Federal Rules of Civil Procedure; and it is further ORDERED that plaintiff's Fourteenth Amendment Due Process claim is dismissed without prejudice and with leave to amend for failure to state a claim; and it is further ORDERED that plaintiff is instructed that any amended complaint be a complete pleading that supersedes his original Complaint in all respects (and does not incorpor ate by reference any portion of his original Complaint.) Plaintiff is directed to comply in all respects with Rules 8(a) and 10(b) of the Federal Rules of Civil Procedure, which require, inter alia, that the amended complaint contain a short and pl ain statement of each claim showing that plaintiff is entitled to relief, and that he states his claims in numbered paragraphs, each limited as far as practical to a single set of circumstances; and it is further ORDERED that the court affords the p laintiff thirty (30) days from the date of this order, to file an amended complaint in which the plaintiff filed on August 17, 2016, (Dkt. No. 8), a complete pleading that supersedes his original complaint in all respects and shall not include any cl aims that have been dismissed with prejudice by this court; and it is further ORDERED that the amended complaint, (Dkt. No. 8), is referred to Magistrate Judge Therese Wiley Dancks for compliance with this court's order; and it is further ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this courts Local Rules. Signed by Senior Judge Gary L. Sharpe on 8/30/2016. (jel, )
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