Watson v. Cieslak et al
| Anthony Watson |
| John Cieslak, Jr., Div. of Parole, John Lowe and Frederick Flood |
| 1:2009cv02073 |
| March 6, 2009 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Ulster |
| Deborah A. Batts |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
39
ADOPTION OF REPORT AND RECOMMENDATION: Having reviewed the remainder of the Report and finding no clear error, and having conducted an independent de novo review of the specifically objected-to portions of the Report, it is ORDERED and ADJUDGED as fo llows: 1. The Report and Recommendation of United States Magistrate Judge Francis, docket #35, dated January 5, 2011 is APPROVED, ADOPTED AND RATIFIED by the Court. 2. Defendants' Motion for Summary Judgment is GRANTED with regard to all of Plaintiff's claims. 3. The Clerk of Court is directed to CLOSE the docket in this case. SO ORDERED. (Signed by Judge Deborah A. Batts on 2/9/2011) (lnl)
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Filing
27
ADOPTION OF REPORT AND RECOMMENDATION: 1. The Report and Recommendation, Docket Entry No. 26, of United States Magistrate Judge James C. Francis IV, dated December 3, 2009, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety. 2. Defendants' Motion to Dismiss is GRANTED in part, and DENIED in part. 3. Defendant shall Answer within 30 days of the date of this Order. ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Motion to Dismiss filed by John Lowe, 11 Motion to Dismiss filed by John Cieslak, Jr., 26 Report and Recommendations. (Signed by Judge Deborah A. Batts on 1/8/10) (db)
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Filing
26
REPORT AND RECOMMENDATION: For the reasons set forth above, I recommend that the defendants motions to dismiss be denied with respect to Mr. Watsons malicious prosecution claims against both defendants relating to his September 2008 arrest, his Four th Amendment claims regarding Officer Cieslaks early morning home visits, and the false arrest claim relating to the September 2008 arrest. As to Mr. Watsons other claims, the defendants motion should be granted. Pursuant to 28 U.S.C. § 636(b)(1 ) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedural, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court , with extra copies delivered to the chambers of the Honorable Deborah A. Batts, U.S.D.J., Room 2510, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 12/21/2009. (Signed by Magistrate Judge James C. Francis on 12/3/2009) Copies Mailed By Chambers.(tve)
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Filing
3
ORDER, you are the Plaintiff in the above-captioned case, which has been assigned to this Court for all purposes. All correspondence relating to this case should be directed to the Pro Se Office, US Courthouse, 500 Pearl St., NY NY 10007. No correspondence shall be sent directly to the Court...If you do not comply with Rule 4(m), your case shall be dismissed without further notice... (Signed by Judge Deborah A. Batts on 4/9/09) (cd)
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