Besley v. Elmira Police Department et al
Jeffrey S. Besley |
Elmira Police Department, NYS DOCCS Elmira Office, City of Elmira and Brianna Border |
6:2021cv06754 |
December 22, 2021 |
US District Court for the Western District of New York |
David G Larimer |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 5 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying as premature #3 Motion to Appoint Counsel. All claims against Defendant Elmira Police Department and NYS DOCCS-Elmira Office are dismissed with prejudice and the Clerk shall terminate this action against these Defendants and amend the caption of this action to add the "City of Elmira" and "Brianna Border, City of Elmira Police Officer." Plaintiff's claims related to his parole revocation determination are dismissed without prejudice. Plaintiff granted leave to file an amended complaint with respect to his false arrest and unlawful search and seizure claims against the City of Elmira and Officer Borden as directed no later than 45 days from the date of this Order. If Plaintiff does not file an amended complaint as directed, the Clerk shall close this case as dismissed with prejudice without further order. If the Complaint is dismissed because Plaintiff has failed to file an amended complaint any appeal from this order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. David G. Larimer on 2/17/22. (JHF) |
Clerk mailed copy of #5 order, #1 complaint, blank 1983 form and instructions on how to prepare an amended complaint to pro se plaintiff. (JHF) |
Filing 4 Letter from Jeffrey S. Besley, dated 2/10/22, to Clerk. (Attachments: #1 Envelope) Clerk mailed copy of docket sheet and Prisoner Pro Se 42 U.S.C. 1983 packet to pro se plaintiff. (JHF) |
Filing 3 MOTION to Appoint Counsel by Jeffrey S. Besley. (JHF) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeffrey S. Besley. (JHF) |
Filing 1 COMPLAINT against Elmira Police Department, NYS DOCCS Elmira Office, filed by Jeffrey S. Besley. (Attachments: #1 Civil Cover Sheet) (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) |
Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF) |
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