Sears v. Carmichael et al
| Emily Sears |
| Doe #3, Doe #2, Geoffrey P. Carmichael, Tupper Lake Police Department, Officer Wenske, Town of Tupper Lake, Doe #1, Town of Saranac Lake, Trooper John Moody, Saranac Lake Police Department and Officer Cromb |
| 8:2018cv00909 |
| August 2, 2018 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Franklin |
| Christian F Hummel |
| David N Hurd |
| 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 February 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 OBJECTION to #3 Report and Recommendations submitted by Emily Sears. (McCarthy, Noreen) |
Filing 5
TEXT ORDER granting plaintiff's #4 Letter Request for an extension of time to object to the Report-Recommendation. Objection due by August 27, 2018. So Ordered by Judge David N. Hurd on 8/15/2018. (see)
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| Filing 4 First MOTION to Amend/Correct letter motion requesting extension to respond filed by Emily Sears. Motions referred to Christian F. Hummel. (McCarthy, Noreen) |
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Filing 3
REPORT-RECOMMENDATION AND ORDER: ORDERED, that plaintiff's #2 motion to proceed IFP is GRANTED; RECOMMENDED, that all claims brought in plaintiff's #1 complaint against the individual defendants in their official capacities be DISMISSED WITH PREJUDICE; RECOMMENDED, that plaintiff's Eighth Amendment and Fourteenth Amendment excessive force claims be DISMISSED WITH PREJUDICE, RECOMMENDED, that the remainder of plaintiff's complaint sans official capacity claims and Eight Amendment claims be permitted to proceed.Objections to R&R due by 8/20/2018). Signed by Magistrate Judge Christian F. Hummel on 8/6/2018. (mgh)
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| TEXR NOTICE: Although the plaintiff herein had named Doe #1, #2, and #3 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against those defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "Doe" defendants, plaintiff may seek to amend the pleadings to add the properly named defendants pursuant to FED.R.CIV.P. 15 and summonses will be issued at that time. (khr, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Emily Sears. (Attachments: #1 Proposed Summons as to Geoffrey Carmichael, #2 Proposed Summons as to Officer Cromb, #3 Proposed Summons as to Officer Wenske, #4 Proposed Summons as to Saranac Lake Police Dept., #5 Proposed Summons as to Town of Saranac Lake, #6 Proposed Summons as to Town of Tupper Lake, #7 Proposed Summons as to Trooper John Moody, #8 Proposed Summons as to Tupper Lake Police Department) Motions referred to Christian F. Hummel. (khr) Modified on 8/3/2018 (khr). |
| Filing 1 COMPLAINT WITH JURY DEMAND against Geoffrey P. Carmichael, Officer Cromb, John Moody, Saranac Lake Police Department, Town of Saranac Lake, Town of Tupper Lake, Tupper Lake Police Department, Officer Wenske filed by Emily Sears. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(khr) |
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