Parker-El v. Morales et al
| Dwayne Parker-El |
| Wilbert Morales and Morales-Bell |
| 1:2013cv06996 |
| October 1, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Robert W. Sweet |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
39
OPINION re: 36 MOTION to Stay. filed by Dwayne Parker-El. Based on the foregoing, the Defendants' motion to dismiss and the Plaintiff's motion for a stay are both denied. It is so ordered. (As further set forth within this Opinion.) (Signed by Judge Robert W. Sweet on 10/9/2015) (ajs)
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Filing
23
OPINION re: 18 MOTION for Reconsideration re; 17 Order of Dismissal filed by Dwayne Parker-El. The plaintiff pro se Dwayne Parker-El ("Plaintiff") has moved for reconsideration of the January 3, 2015 order dismissing the compla int for damages arising out of false arrest and imprisonment ("January 3 Order"). For the reasons set forth below, the motion to reconsider is granted and judgment on the January 3 Order is stayed for 45 days to give the Plaintiff an opport unity to submit opposition to the previous motion of the defendants Detective Wilbert Morales ("Morales") and Detective Morales-Bell ("Morales-Bell," and together with Morales, "Defendants"). Plaintiff filed his complain t on October 1, 2013 alleging false arrest and imprisonment on October 3, 2010. Plaintiff pled guilty on July 30, 2014 to Endangering the Welfare of a Child, one of the charges on which he was arrested. Defendants moved to dismiss the complaint on th e basis of that plea. The motion was unopposed and was granted in the January 3 Order. Plaintiff has moved for reconsideration stating that he did not receive notice of Defendants' motion because of a change in his address. It appears that Defen dants' motion was well-founded based on the plea of Plaintiff and the authorities cited by Defendants. Plaintiff, however, is pro se and will be given 45 days to seek counsel and to submit opposition to Defendants' letter motion (Dkt. No. 1 4), a copy of which will be forwarded to Plaintiff. In the event no opposition is received or extension granted within 45 days, judgment will be entered dismissing the complaint. It is so ordered. (Signed by Judge Robert W. Sweet on 2/16/2015) (ajs)
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