Toliver v. Sanchez Perri et al
| Michel Toliver |
| Almo Sanchez Perri, Fountoulakis et al, DOCS New York City Police Dept., John Doe(S) and Jane Doe(s) |
| 1:2010cv03165 |
| April 14, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A. Crotty |
| Michael H. Dolinger |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
139
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 130 Report and Recommendations. Having reviewed the record de novo as to the issues raised in Plaintiff's objections and finding Plaintiff's objections without merit, this Court adopts Magistr ate Judge Francis's R&R in its entirety. The Court grants Defendants' motion for summary judgment. The Clerk of Court is directed to enter judgment and close this case. Pursuant to 28 U.S.C § 1915(a), the Court finds that any appeal from this order would not be taken in good faith. (Signed by Judge Paul A. Crotty on 3/24/2014) Copies Mailed By Chambers. (cd)
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Filing
107
ORDER ADOPTING REPORT AND RECOMMENDATION: The Court received a letter from Toliver, dated February 10, 2013 and filed February 28, 2013 (ECF No. 106.) In the letter, Toliver reports that he has filed an objection to the December 10, 2012 R&R but it w as not accepted or indicated on the docket sheet. (Id.) SinceJudge Francis's R&R recommends that the Court deny Defendants' motion to dismiss, which is a conclusion that is in Toliver's favor, the Court finds it unnecessary to file an objection. Nonetheless, if Toliver wishes, he may (re)submit his objection for filing. For the foregoing reasons, the Court accepts and adopts Judge Francis's R&R in its entirety. Defendants' motion to dismiss is DENIED. The reference in this matter to Magistrate Judge Francis continues for general pretrial matters and dispositive motions. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/21/2013) Copies Mailed By Chambers. (rsh)
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Filing
61
ORDER ADOPTING REPORT AND RECOMMENDATIONS for (24 in 1:10-cv-06619-PAC -JCF) Motion to Dismiss filed by The State of New York, (45 in 1:10-cv-06619-PAC -JCF) Motion to Dismiss filed by Florence Chapin, Amy Belger, Jennifer Lowry, New York County Dist rict Attorney's Office, Heather Buchanan, Marcy Chelmow, (57 in 1:10-cv-03165-PAC -JCF) Motion to Dismiss, filed by Perri, Newkirk, S.O.M.U. New York City Police Dept., The New York City Police Dept. HDQ, Fountoulakis, Sanchez, Olmo, Ellen Seeli ger, (46 in 1:10-cv-06619-PAC -JCF) Motion to Dismiss filed by Lisa Marie Newkirk, Carlos Sanchez, Patrick Perri, Jose Olmo, N.Y.P.D. 20th Precinct (D.C.J.S.-Division of Criminal Justice Services-Albany), (42 in 1:10-cv-06619-PAC -JCF) Motion to Dism iss filed by Florence Chapin, Amy Belger, Jennifer Lowry, Heather Buchanan, Marcy Chelmow. For the foregoing reasons, the Court adopts Magistrate Judge Francis's R&R in its entirety. The defendants' motions to dismiss (10 Civ. 6619, Nos. 2 4, 42, 45, 46) are DENIED with respect to Toliver's 2009 false arrest claim in 10 Civ. 3165 against Detectives Carlos Sanchez and Jose Olmo. Defendants motions to dismiss are GRANTED in all other respects. Toliver's complaint in 10 Civ. 66 19 is dismissed in its entirety. The Clerk of Court is directed to close the 10 Civ. 6619 matter. Toliver's motion to amend 10 Civ. 3165 to add claims for conspiracy and Monell liability, and add the City of New York and Sergeant Andrea Hertzber g as defendants is GRANTED. Toliver's request to otherwise amend is DENIED in all respects. The Clerk of Court is directed to terminate defendants objections to the R&R, filed as motion to dismiss (10 civ. 3165, NO. 57). Toliver's complain t in 10 civ. 6619 is dismissed in its entirety. The Clerk of Court is directed to close the 10 Civ. 6619 matter. Toliver is directed to file an amended pleading in 10 Civ. 3165, in conformance with the above ruling, by December 19, 2011. The reference in this matter to Magistrate Judge Francis continues for general pretrial matters and dispositive motions. (Signed by Judge Paul A. Crotty on 10/18/2011) Copies Sent By Chambers. (djc) Modified on 10/19/2011 (djc).
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Filing
21
MEMORANDUM AND ORDER: There is no doubt that the plaintiff in this action is a serial litigant. He has not, however, accumulated enough "strikes" under the PLRA to lose his capacity to request, and receive, in forma pauperis status. He may do so in the future, at which point defendants are free to renew their motion, but until that time, it is denied. (Signed by Magistrate Judge Michael H. Dolinger on 1/5/11) Copies Sent By Chambers. (mro)
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