Wallace v. Morse et al
| Ricky Wallace |
| Thomas Rainbow Morse, Craig J. Doran, Vincent M. Dinolfo, William F. Kocher, Sandra Doorley, Esq., Monroe County Rochester Police Department and Gregory C. Clark, Esq. |
| 6:2023cv06428 |
| August 1, 2023 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Case Reassigned to Hon. Frank P. Geraci, Jr. Hon. Elizabeth A. Wolford no longer assigned to the case. This was mailed to Plaintiff. (DMK)
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Filing 31
TEXT ORDER re #30 Motion for Recusal. Plaintiff Ricky Wallace ("Plaintiff") has moved for recusal of the undersigned from this case. In support of his motion, Plaintiff contends that he was the plaintiff in an unrelated state court action before the Monroe County Supreme Court, which is presently on appeal. The attorney for the defendants in the state court action was the undersigned's brother, who Plaintiff alleges treated his interests with "disrespect and abuse." Plaintiff provides no support for these conclusory allegations and therefore the undersigned does not credit Plaintiff's allegations with respect to her brother. However, due to the familial relationship, and because the undersigned has determined that the state court action was handled by the undersigned's former law firm during the time she was a partner, and to avoid any appearance of impropriety, the undersigned will grant the motion and recuse herself from this matter. The Clerk of Court is instructed to reassign the matter to another district judge. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/25/2023. (CAL) Clerk to Follow up
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Remark: Clerk mailed a copy of #31 Text Order to Ricky Wallace. (DMK)
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Filing 30
MOTION for Recusal by Ricky Wallace. (DMK) Modified on 9/20/2023 (DMK).
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E-Filing Notification: Incorrect event used to electronically file document #30 letter. Clerk corrected docket text to #30 MOTION for Recusal. (DMK)
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Filing 29
TEXT ORDER granting Plaintiff's consent request for an extension of time. Plaintiff's response to Defendants' motion to dismiss shall be due on or before October 2, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/15/2023. (MGB)
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Filing 28
STIPULATION for extension of time to respond re #19 Motion to Dismiss by Ricky Wallace. (DMK)
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Remark: Clerk mailed a copy of text order to Ricky Wallace. (DAF)
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Filing 27
TEXT ORDER granting #26 Motion for Extension of Time. Plaintiff's deadline to respond to the pending motion to dismiss filed by Vincent M. Dinolfo, Craig J. Doran, William F. Kocher, and Thomas Rainbow Morse (Dkt. 19) is extended to September 18, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/18/2023. (MGB)
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Filing 26
MOTION for Extension of Time to File Response as to #19 Motion to Dismiss for Failure to State a Claim by Ricky Wallace. (JHF)
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Remark: Clerk mailed a copy of #27 Text Order to Ricky Wallace. (DMK)
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Filing 25
NOTICE of Appearance by Michele Romance Crain on behalf of Vincent M. Dinolfo, Craig J. Doran, William F. Kocher, Thomas Rainbow Morse (Crain, Michele)
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NOTICE of MANUAL FILING by Ricky Wallace re #1 : A USB was received from the Northern District of New York containing a video in support of the complaint. This was received by the Northern District upon the filing of the complaint in this case. (LMD)
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Filing 24
Case transferred in from District of New York Northern; Case Number 5:23-cv-00366.
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Remark: Plaintiff has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information and ADR Notification. (CGJ)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 23
ORDER TRANSFERRING CASE: to Western District of New York, The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Magistrate Judge Miroslav Lovric on 07/31/23. (Copy served upon pro se plaintiff via regular mail, with attached unpublished decisions.)(mmg) [Transferred from nynd on 8/1/2023.]
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Filing 22
NOTICE of Due Date to Respond to Motion to pro se plaintiff: Response to #19 motion to dismiss is due by 8/17/23. (mmg) [Transferred from nynd on 8/1/2023.]
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Filing 21
DECLARATION of William F. Kocher re #19 MOTION to Dismiss for Failure to State a Claim filed by Vincent M. Dinolfo, Craig J. Doran, William F. Kocher, Thomas Rainbow Morse. (Haner, Brittany) [Transferred from nynd on 8/1/2023.]
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Filing 20
NOTICE OF APPEARANCE by Brittany M. Haner on behalf of William F. Kocher (Haner, Brittany) [Transferred from nynd on 8/1/2023.]
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Filing 19
MOTION to Dismiss for Failure to State a Claim filed by Vincent M. Dinolfo, Craig J. Doran, William F. Kocher, Thomas Rainbow Morse. Motion returnable before Judge Glenn T Suddaby. Response to Motion due by 8/17/2023. Reply to Response to Motion due by 8/24/2023 (Attachments: #1 Memorandum of Law, #2 Declaration of V. DiNolfo, #3 Declaration of C. Doran, #4 Declaration of T. Morse, #5 Declaration of L. Preston) (Haner, Brittany) Modified on 7/27/2023 to edit docket to reflect the correct Judge the motion is before.(mmg, ). [Transferred from nynd on 8/1/2023.]
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Filing 18
AFFIDAVIT of Service of #9 Motion to Dismiss by USPS by Gregory C. Clark, Esq, Sandra Doorley, Esq. (Shoemaker, Robert) [Transferred from nynd on 8/1/2023.]
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Filing 17
NOTICE OF DUE TO DATE TO RESPOND TO PRO SE PLAINTIFF filed by Monroe County Rochester Police Department re #12 MOTION to Dismiss filed by Monroe County Rochester Police Department. (Naylon, Patrick) Modified on 7/14/2023 to indicate what this notice is (sal ). [Transferred from nynd on 8/1/2023.]
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Filing 16
NOTICE OF DUE DATE TO RESPOND TO THE #12 MOTION TO DISMISS filed by Monroe County Rochester Police Department. Motion returnable before Judge Hon. Glenn T. Suddaby. {Served upon pro se via regular mail} (pjh, ) [Transferred from nynd on 8/1/2023.]
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Filing 15
NOTICE OF DUE DATE TO RESPOND TO THE #9 MOTION TO DISMISS for Failure to State a Claim and on Other Grounds filed by Gregory C. Clark, Esq, Sandra Doorley, Esq. Motion returnable before Judge Glenn T. Suddaby. {Notice served upon pro se via regular mail} (pjh, ) [Transferred from nynd on 8/1/2023.]
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Filing 14
STATUS REPORT by Ricky Wallace, Pro Se. (pjh, ) [Transferred from nynd on 8/1/2023.]
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Filing 13
AFFIDAVIT of Service for Complaint for Violation of Civil Rights with Exhibits and DVD served on Craig J. Doran on 6/26/2023; William F. Kocher on 6/26/2023 and 6/28/2023; Vincent M. Dinolfo on 6/28/2023; Gregory Clark on 7/3/2023; Rochester Police Department on 7/3/2023; Monroe County District Attorney on 7/3/2023; and Thomas Rainbow Morse on 7/6/2023, filed by Ricky Wallace, Pro Se. (pjh, ) [Transferred from nynd on 8/1/2023.]
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Filing 12
MOTION to Dismiss filed by Monroe County Rochester Police Department. Motion returnable before Judge Hon. Glenn T. Suddaby Response to Motion due by 8/2/2023. Reply to Response to Motion due by 8/9/2023 (Attachments: #1 Memorandum of Law, #2 Affirmation, #3 Affidavit Certificate of Service) (Naylon, Patrick) [Transferred from nynd on 8/1/2023.]
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Filing 11
NOTICE OF APPEARANCE by Brittany M. Haner on behalf of Vincent M. Dinolfo, Craig J. Doran, Thomas Rainbow Morse (Haner, Brittany) [Transferred from nynd on 8/1/2023.]
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Filing 10
AFFIDAVIT of Service for Complaint with Exhibits served on Craig J. Doran; Rochester Police Department; Sandra Doorley; Gregory C. Clark; William F. Kocher; Vincent M. Dinolfo; Thomas Rainbow Morse; on 6/26/2023; 6/28/2023; 6/28/2023; 6/28/2023; 6/28/2023; 6/28/2023; 7/6/2023, filed by Ricky Wallace. Affidavit of Due Diligence for Complaint with Exhibits filed for attempted service on William F. Kocher 6/26/2023. All affidavits were initially sent to the Western District of New York and then sent to the Northern District of New York (egr, ) [Transferred from nynd on 8/1/2023.]
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Filing 9
MOTION to Dismiss for Failure to State a Claim and on Other Grounds filed by Gregory C. Clark, Esq, Sandra Doorley, Esq. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 7/27/2023. Reply to Response to Motion due by 8/3/2023 (Attachments: #1 Affirmation, #2 Memorandum of Law) (Shoemaker, Robert) [Transferred from nynd on 8/1/2023.]
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Filing 8
TEXT ORDER: Letter Motion #6 is GRANTED insofar as and to the extent that the Rule 16 Initial Conference scheduled for 7/26/2023 before Magistrate Judge Miroslav Lovric is STAYED without date. A review of the docket indicates that Plaintiff has failed to file on the docket affidavits of service as to service on each Defendant and Plaintiff is therefore in violation of G.O. 25. See Docket and G.O. 25 at Dkt. No. #3 . Plaintiff is directed no later than 7/20/2023 to file on the docket affidavits of service as to each Defendant or a status report explaining why service has not been accomplished. Plaintiff is reminded that it is Plaintiffs obligation to perfect service on each Defendant. Failure by Plaintiff to timely serve a Defendant with the summons, complaint, and G.O. 25 may result in dismissal of the case as to that Defendant. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/6/2023. (Copy sent to Pro Se Plaintiff via regular mail) (amt) [Transferred from nynd on 8/1/2023.]
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Filing 7
NOTICE OF APPEARANCE by Patrick B. Naylon on behalf of Monroe County Rochester Police Department (Naylon, Patrick) [Transferred from nynd on 8/1/2023.]
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Filing 6
Letter Motion from Robert J. Shoemaker, Deputy Monroe County Attorney for Gregory C. Clark, Esq, Sandra Doorley, Esq requesting Adjournment of Conference submitted to Judge Miroslav Lovric . (Shoemaker, Robert) [Transferred from nynd on 8/1/2023.]
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Filing 5
NOTICE OF APPEARANCE by Robert J. Shoemaker on behalf of Gregory C. Clark, Esq, Sandra Doorley, Esq (Shoemaker, Robert) [Transferred from nynd on 8/1/2023.]
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/26/2023 02:30 PM by Telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/19/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) [Transferred from nynd on 8/1/2023.]
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TEXT NOTICE : The Initial Conference set for 7/26/2023 at 2:30PM will be held in person, at 15 Henry Street, 1st Floor Courtroom, Binghamton NY. ALL APPEARANCES ARE REQUIRED. (Copy sent to Pro Se Plaintiff via regular mail) (jdp ) [Transferred from nynd on 8/1/2023.]
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Filing 4
PRO SE HANDBOOK/NOTICE and Local Rules issued and explained at time complaint was filed. (mgh) [Transferred from nynd on 8/1/2023.]
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Filing 2
Summons Issued as to Gregory C. Clark, Esq, Vincent M. Dinolfo, Sandra Doorley, Esq, Craig J. Doran, William F. Kocher, Monroe County Rochester Police Department, Thomas Rainbow Morse. (Attachments: #1 Summons Issued as to William F. Kocher, #2 Summons Issued as to Judge Craig J. Doran, #3 Summons Issued as to Sandra Doorley, Esq., #4 Summons Issued as to Vincent M. Dinolfo, #5 Summons Issued as to Rochester City Police Department, #6 Summons Issued as to Gregory C. Calrk)(mgh) [Transferred from nynd on 8/1/2023.]
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Filing 1
COMPLAINT against Gregory C. Clark, Esq, Vincent M. Dinolfo, Sandra Doorley, Esq, Craig J. Doran, William F. Kocher, Monroe County Rochester Police Department, Thomas Rainbow Morse (Filing fee $402 receipt number 100000039) filed by Ricky Wallace. (Attachments: #1 Civil Cover Sheet)(mgh) [Transferred from nynd on 8/1/2023.]
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CD: The Albany Clerk's office received a CD containing digital media (Video) an exhibit to the #1 Complaint. Not available for public viewing. (mgh) [Transferred from nynd on 8/1/2023.]
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