Randle et al v. Gates Police Department et al
| Brianna Randle and Sywayne Burgess |
| Town of Gates, NY, Lt. Robert Long, Sgt. David Kaiser and Gates Police Department |
| Ian McKelvie, USPS, Bright and Tericetta Lopez-Scott |
| 6:2021cv06285 |
| March 30, 2021 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 LETTER and NOTICE of Change of Address by Brianna Randle. Plaintiff's address changed to: Brianna Randle, 2055 Berry Down Lane, Apt. 11305, Denton, TX 76208. (Attachments: #1 Envelope) (JHF) |
Filing 4
ORDER granting (2) Motion for Leave to Proceed in forma pauperis; granting (3) Motion for Leave to Proceed in forma pauperis in case 21-CV-6285; granting (2) Motion for Leave to Proceed in forma pauperis; granting (3) Motion for Leave to Proceed in forma pauperis in case 21-CV-6286. The cases are consolidated for all proceedings under case number 21-CV-6285. The consolidated Complaints are dismissed in part in accordance with this Decision and Order. Plaintiffs may file an amended complaint as directed by 5/28/21. If Plaintiffs do not timely file an amended complaint, the only claims remaining will be Plaintiff Randle's excessive use of force claim against Officer Kaiser and Officer Doe and Plaintiffs' equal protection claim against Officer Kaiser. The remaining claims and Defendants will be dismissed without further order. Any appeal from this Order would not be taken in good faith and leave to appeal to the Second Circuit as a poor person is denied. if Plaintiffs do not file an amended complaint by May 28, 2021, the Clerk shall enter an Order directing the Monroe County Attorney to ascertain the full name of the female Officer Defendant that Plaintiffs cannot identify and provide an address at which she can be served. The Monroe County Attorney must send the requisite information to the Pro Se Office, 100 State Street, Rochester, NY 14614 within 14 days of the Court's Order. Once this information is provided, the Clerk will amend the summons and cause the U.S. Marshals to serve the Defendant. Clerk directed to consolidate these actions to proceed under case number 21-CV-6185. Signed by Hon. Frank P. Geraci, Jr. on 4/18/21. (JHF)
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| Clerk mailed copy of #4 Order to plaintiffs at: Brianna Randle, 206 Ellicott Street, Rochester, NY 14619; Brianna Randle, 2055 Berry Down Lane, Apt. 11305, Denton, TX 76208; Sywayne Burgess, 65 Melrose Street, Rochester, NY 14619. (JHF) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Sywayne Burgess. (JHF) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brianna Randle. (JHF) |
| Filing 1 COMPLAINT against Gates Police Department, David Kaiser, Robert Long, Town of Gates, NY, filed by Brianna Randle, Sywayne Burgess. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (JHF) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF) |
| 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. (JHF) |
| Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Pro Se Assistance Program, Civil Case Timeline and ADR Notification mailed to plaintiff. (JHF) |
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