Murphy v. City of Elmira et al
| Christopher M. Murphy |
| City of Elmira, Timothy Overly, Mattew Buzzetti, Joseph Martino and Ottavio Campanella |
| 6:2018cv06572 |
| August 13, 2018 |
| US District Court for the Western District of New York |
| Rochester Office |
| Steuben |
| Michael A. Telesca |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 6
AMENDED COMPLAINT against Mattew Buzzetti, Ottavio Campanella, City of Elmira, Joseph Martino, Timothy Overly, filed by Christopher M. Murphy. (Attachments: #1 envelope)(TF)
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Mailed a copy of #5 order to plaintiff Murphy (TF)
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Filing 5
ORDER granting #4 Motion for Extension of Time to Amend #4 MOTION for Extension of Time to Amend #1 Complaint. Signed by Hon. Michael A. Telesca on 9/24/18. (AFB)-CLERK TO FOLLOW UP-The Clerk of Court is requested to send a copy of this order to the plaintiff.
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Filing 4
MOTION for Extension of Time to Amend #1 Complaint by Christopher M. Murphy. (Attachments: #1 envelope)(TF)
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Filing 3
DECISION AND ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The following claims may proceed as pleaded in the complaint:the Fourth Amendment claim for malicious prosecution;the equal protection claimThe following claims are dismissed without prejudice with leave to replead by September 21, 2018:the claims against the City of Elmira;the claims against ACA Buzzetti;The following claims are dismissed with prejudice:the official capacity claims against the individual defendants;the Fourth Amendment claims for unlawful search, excessive use of force, and false arrest the substantive due process claim. Plaintiff shall be given until September 21, 2018, to file an amended complaint setting forth allegations that cure the pleading deficiencies in the claims against the City of Elmira and the claims against ACA Buzzetti. In the event Plaintiff fails to do so, the Court will enter an order directing service of his complaint, which will consist of only the Fourth Amendment claim for malicious prosecution and the equal protection claim, on ACA Campanella, Captain Overly, and Inspector Martino. Signed by Hon. Michael A. Telesca on 8/21/18. (JMC)-CLERK TO FOLLOW UP-
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Plaintiff Murphy left out page 15 of his #1 compliant. (TF)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Christopher M. Murphy. (Attachments: #1 letter, #2 envelope)(TF)
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Filing 1
COMPLAINT against Mattew Buzzetti, Ottavio Campanella, City of Elmira, Joseph Martino, Timothy Overly, filed by Christopher M. Murphy.(TF)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form, privacy notice and civil case timeline mailed to plaintiff. (TF)
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