Besley v. Elmira Police Department et al
Plaintiff: Jeffrey S. Besley
Defendant: Elmira Police Department, NYS DOCCS Elmira Office, City of Elmira and Brianna Border
Case Number: 6:2021cv06754
Filed: December 22, 2021
Court: US District Court for the Western District of New York
Presiding Judge: David G Larimer
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2022 Opinion or Order 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)
February 17, 2022 Opinion or Order 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)
February 16, 2022 Opinion or Order 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)
December 22, 2021 Opinion or Order Filing 3 MOTION to Appoint Counsel by Jeffrey S. Besley. (JHF)
December 22, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeffrey S. Besley. (JHF)
December 22, 2021 Opinion or Order Filing 1 COMPLAINT against Elmira Police Department, NYS DOCCS Elmira Office, filed by Jeffrey S. Besley. (Attachments: #1 Civil Cover Sheet) (JHF)
December 22, 2021 Opinion or Order 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)
December 22, 2021 Opinion or Order 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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Plaintiff: Jeffrey S. Besley
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Defendant: Elmira Police Department
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Defendant: NYS DOCCS Elmira Office
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Defendant: City of Elmira
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Defendant: Brianna Border
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