Campbell v. City of Binghamton, NY et al

New York Northern District Court
Judge:	Anne M Nardacci
Referred:	Miroslav Lovric
Case #:	3:24-cv-00067
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Jan 16, 2024
Terminated:	Jan 30, 2025

Last checked: Sunday Jul 14, 2024 4:59 AM EDT

Defendant Binghamton Police Department
Defendant Broome County
Defendant Broome County Clerk's Office
Defendant Honorable Judge Joseph A. Cawley
Defendant City of Binghamton, NY
Defendant Jared M. Kraham
Defendant Judith E. Osburn
Defendant Detective Bryan Sostowski
Defendant Unknown(s)
Defendant Chief Joseph Zikuski
Plaintiff David J. Campbell 5 Bradley Street Binghamton, NY 13904

	GPO Apr 19 2024 ORDER and REPORT-RECOMMENDATION: ORDERED that Plaintiffs amended application to proceed in forma pauperis (Dkt. No. 5) is GRANTED; and it is further respectfully RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD Plaintiffs Complaint (Dkt. No. 1) to the extent that it asserts claims against Defendants (1) Kraham, (2) Zikuski, (3) Unknown(s), (4) City of Binghamton, and (5) Broome County, because it is fails to state a claim upon which relief may be granted pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DISMISS WITHOUT PREJUDICE BUT WITHOUT LEAVE TO REPLEAD Plaintiffs Complaint (Dkt. No. 1) to the extent that it asserts claims against Defendants (1) Crawley, Osburn, and Broome County Clerks Office, because they are immune from suit, and (2) Binghamton Police Department because it is not an entity amenable to suit, pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DENY Plaintiffs Letter Request/Motion (Dkt. No. 6) as moot.( Objections to R&R due by 5/3/2024, Case Review Deadline 5/6/2024). Signed by Magistrate Judge Miroslav Lovric on 4/19/2024. (Copy served via regular mail)(khr)
	GPO Jun 20 2024 MEMORANDUM-DECISION and ORDER. The Court hereby ORDERS that the Report-Recommendation, Dkt. No. 7, is ADOPTED in its entirety. The Court further ORDERS that the Complaint, Dkt. No. 1, is DISMISSED with leave to amend claims against Defendants Binghamton, Broome County, Kraham, Zikuski, and Unknown(s), and the remainder DISMISSED without leave to amend. The Court further ORDERS that Plaintiff's Letter Request, Dkt. No. 6, is DENIED as moot. The Court further ORDERS that Plaintiff shall file an amended complaint in either or both of his actions within SIXTY (60) DAYS of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in the respective case in total. The Court further ORDERS that that if Plaintiff timely files an amended complaint in either or both of his actions, such complaint shall be referred to Magistrate Judge Lovric for review; and if Plaintiff fails to timely file an amended complaint, the Clerk is directed to close the applicable case without further order of this Court. The Court further ORDERS that the Clerk serve a copy of this Order on Plaintiff in accordance with the Local Rules. Signed by U.S. District Judge Anne M. Nardacci on 6/20/2024. (Copy served upon pro se plaintiff by regular and certified mail). (mab)
	GPO Dec 30 2025 REPORT AND RECOMMENDATIONS re 12 Amended Complaint filed by David J. Campbell: ACCORDINGLY, it is respectfully RECOMMENDED that the Court DISMISS WITHOUT LEAVE TO REPLEAD Plaintiff's Amended Complaint (Dkt. No. 12) because it fails to state a claim upon which relief may be granted pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further ORDERED that the Clerk of the Court shall file a copy of this Order and Report-Recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules. Objections to R&R due by 1/13/2025; Case Review Deadline 1/16/2025. Signed by Magistrate Judge Miroslav Lovric on 12/30/2024. (Copy served via regular mail)(tll)
	GPO Jan 30 2025 ORDER. The Court hereby ORDERS that the Report-Recommendation, DKt. No. 13, is ADOPTED in its entirety. The Court further ORDERS that the Amended Complaint, Dkt.No. 12, is DISMISSED without leave to amend. The Court further ORDERS that the Clerk serve a copy of this Order on all parties in accordance with the Local Rules and close this case. Signed by U.S. District Judge Anne M. Nardacci on 1/30/2025. (Copy served upon pro se plaintiff by regular and certified mail). (mab)

Docket last updated: 86 minutes ago

Wednesday, April 09, 2025
23		23 misc Letter Wed 04/09 2:42 PM Letter from David J. Campbell asking for copies of his complaint(s). Clerk mailed him courtesy copies of his complaint(s) via regular mail. (tll) Related: [-]
Thursday, February 27, 2025
22		22 notice Notice - Other Thu 02/27 4:01 PM NOTICE by David J. Campbell. Courtesy copy of Civil Appeal Transcript Request sent to the Second Circuit. (tll) Related: [-]
Thursday, February 20, 2025
21		21 appeal Electronic Notice and Certification to USCA of Appeal Thu 02/20 12:38 PM AMENDED ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re19 Notice of Appeal (tll) Related: [-]
20		20 appeal Electronic Notice and Certification to USCA of Appeal Thu 02/20 12:07 PM ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re19 Notice of Appeal. (tll) Related: [-]
19		19 appeal Notice of Appeal Thu 02/20 12:02 PM NOTICE OF APPEAL as to15 Order on Report and Recommendations,16 Judgment and Text Order of 2/7/2025 by David J. Campbell. Filing fee waived. (tll) Modified on 2/20/2025 to show the correct docket entries (tll) Related: [-]
Tuesday, February 18, 2025
18		18 misc Return Receipt Tue 02/18 4:00 PM RETURN RECEIPT received as to David J. Campbell re16 Judgment. (tll) Related: [-]
Friday, February 07, 2025
		order Order Fri 02/07 3:58 PM TEXT ORDER: Plaintiff has submitted further objections in this closed case. Dkt. No.17 . These objections are untimely. See, e.g., Smith v. Campbell , 782 F.3d 93, 102 (2d Cir. 2015) ("[F]ailure to timely object to a magistrates report and recommendation operates as a waiver of further judicial review of the magistrates decision.") (quoting Mario v. P & C Food Mkts., Inc. , 313 F.3d 758, 766 (2d Cir. 2002)). Even if considered, the objections are unpersuasive and do not change the Court's decision. Dkt. No.15 . SO ORDERED by U.S. District Judge Anne M. Nardacci on 2/7/2025. (Copy served upon pro se plaintiff by regular mail). (mab) Related: [-]
Thursday, January 30, 2025
17		17 misc Letter Thu 01/30 3:59 PM Letter from David J. Campbell with more objections to the Report-Recommendation13 . (tll) Related: [-]
16		16 order Judgment Thu 01/30 3:51 PM JUDGMENT. IT IS ORDERED AND ADJUDGED that the Report-Recommendation, Dkt. No. 13, is ADOPTED in its entirety. The Amended Complaint, Dkt. No. 12, is DISMISSED without leave to amend. All of the above in accordance with the Order issued on January 30, 2025 by the Honorable Anne M. Nardacci, U.S. District Court Judge. (Copy served upon pro se plaintiff by regular and certified mail). (mab) Related: [-]
15		15 5 pgs order Order on Report and Recommendations Thu 01/30 3:43 PM ORDER. The Court hereby ORDERS that the Report-Recommendation, DKt. No.13 , is ADOPTED in its entirety. The Court further ORDERS that the Amended Complaint, Dkt.No.12 , is DISMISSED without leave to amend. The Court further ORDERS that the Clerk serve a copy of this Order on all parties in accordance with the Local Rules and close this case. Signed by U.S. District Judge Anne M. Nardacci on 1/30/2025. (Copy served upon pro se plaintiff by regular and certified mail). (mab) Related: [-]
Monday, January 13, 2025
14		14 respoth Objection to Report and Recommendations Mon 01/13 3:15 PM OBJECTION to13 Report and Recommendations by David J. Campbell. (tll) Related: [-]
Monday, December 30, 2024
13		13 motion Report and Recommendations Mon 12/30 9:50 AM REPORT AND RECOMMENDATIONS re12 Amended Complaint filed by David J. Campbell: ACCORDINGLY, it is respectfully RECOMMENDED that the Court DISMISS WITHOUT LEAVE TO REPLEAD Plaintiff's Amended Complaint (Dkt. No. 12) because it fails to state a claim upon which relief may be granted pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further ORDERED that the Clerk of the Court shall file a copy of this Order and Report-Recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules. Objections to R&R due by 1/13/2025; Case Review Deadline 1/16/2025. Signed by Magistrate Judge Miroslav Lovric on 12/30/2024. (Copy served via regular mail)(tll) Related: [-]
Friday, August 02, 2024
12		12 cmp Amended Complaint Mon 08/05 8:59 AM AMENDED COMPLAINT with Exhibits and mailing envelope against City of Binghamton, NY; Mayor of City of Binghamton, NY, Jared M. Kraham; Officer Bryan Sostowski; and Chief of Binghamton Police Dept, Joseph Zikuski filed by David J. Campbell.(tll) Related: [-]
Monday, July 01, 2024
11		11 misc Return Receipt Mon 07/01 4:48 PM RETURN RECEIPT received as to10 Order on Report and Recommendations, served on David J. Campbell, Pro Se Plaintiff. (tll) Related: [-]
Thursday, June 20, 2024
10		10 11 pgs order Order on Report and Recommendations Thu 06/20 1:07 PM MEMORANDUM-DECISION and ORDER. The Court hereby ORDERS that the Report-Recommendation, Dkt. No.7 , is ADOPTED in its entirety. The Court further ORDERS that the Complaint, Dkt. No.1 , is DISMISSED with leave to amend claims against Defendants Binghamton, Broome County, Kraham, Zikuski, and Unknown(s), and the remainder DISMISSED without leave to amend. The Court further ORDERS that Plaintiff's Letter Request, Dkt. No.6 , is DENIED as moot. The Court further ORDERS that Plaintiff shall file an amended complaint in either or both of his actions within SIXTY (60) DAYS of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in the respective case in total. The Court further ORDERS that that if Plaintiff timely files an amended complaint in either or both of his actions, such complaint shall be referred to Magistrate Judge Lovric for review; and if Plaintiff fails to timely file an amended complaint, the Clerk is directed to close the applicable case without further order of this Court. The Court further ORDERS that the Clerk serve a copy of this Order on Plaintiff in accordance with the Local Rules. Signed by U.S. District Judge Anne M. Nardacci on 6/20/2024. (Copy served upon pro se plaintiff by regular and certified mail). (mab) Related: [-]
Monday, April 29, 2024
9		9 service Certificate of Service Mon 04/29 3:37 PM CERTIFICATE OF SERVICE by David J. Campbell re8 Objection to Report and Recommendations. (khr) Related: [-]
Friday, April 26, 2024
8		8 respoth Objection to Report and Recommendations Fri 04/26 3:20 PM OBJECTION to7 Report and Recommendations by David J. Campbell. (khr) Related: [-]
Friday, April 19, 2024
7		7 motion Report and Recommendations Order ~Util - Terminate Motions Fri 04/19 9:45 AM ORDER and REPORT-RECOMMENDATION: ORDERED that Plaintiffs amended application to proceed in forma pauperis (Dkt. No. 5) is GRANTED; and it is further respectfully RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD Plaintiffs Complaint (Dkt. No. 1) to the extent that it asserts claims against Defendants (1) Kraham, (2) Zikuski, (3) Unknown(s), (4) City of Binghamton, and (5) Broome County, because it is fails to state a claim upon which relief may be granted pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DISMISS WITHOUT PREJUDICE BUT WITHOUT LEAVE TO REPLEAD Plaintiffs Complaint (Dkt. No. 1) to the extent that it asserts claims against Defendants (1) Crawley, Osburn, and Broome County Clerks Office, because they are immune from suit, and (2) Binghamton Police Department because it is not an entity amenable to suit, pursuant to 28 U.S.C. � 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DENY Plaintiffs Letter Request/Motion (Dkt. No. 6) as moot.( Objections to R&R due by 5/3/2024, Case Review Deadline 5/6/2024). Signed by Magistrate Judge Miroslav Lovric on 4/19/2024. (Copy served via regular mail)(khr) Related: [-]
Tuesday, March 26, 2024
6		6 motion Letter Request/Motion Tue 03/26 2:50 PM Letter Request/Motion from David J. Campbell requesting an answer from the Court on his motions submitted to Judge Lovric. (khr) Related: [-]
Friday, March 22, 2024
5		5 motion Proceed In Forma Pauperis Fri 03/22 3:51 PM MOTION for Leave to Proceed in forma pauperis filed by David J. Campbell Motions referred to Miroslav Lovric. (khr) Related: [-]
Friday, March 15, 2024
4		4 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 03/15 8:37 AM TEXT ORDER: Motion for Leave to Proceed In Forma Pauperis2 is DENIED. The motion is denied because the application is incomplete. Question 3 is incomplete, in that, although box 3(f) is checked yes, it fails to thereafter provide information as to the source of money, amount received, and amount expected to be received in the future. As a result, IFP application2 is DENIED. If Plaintiff wishes to proceed in this action IFP, he shall by 4/15/2024 submit a full and completed IFP application with all questions answered completely. PLAINTIFF IS ADVISED THAT FAILURE TO COMPLY WITH COURT ORDERS OR FAILURE TO PROMPTLY PROCEED WITH THIS LITIGATION MAY RESULT IN SANCTIONS BEING IMPOSED PURSUANT TO FED. R. CIV. P. 37 & 41, INCLUDING DISMISSAL OF THE CASE. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/15/2024. (copy mailed to pro se Plaintiff via regular mail) (jdc ) Related: [-]
Thursday, January 18, 2024
		notice Text Notice Regarding John Doe Defendant (Text-Only) Thu 01/18 4:55 PM TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. Copy mailed to pro se plaintiff. (egr) Related: [-]
		motion Notice of Potential Related Case for Judicial Review Thu 01/18 4:56 PM TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 3:23-cv-1337. Copy mailed to pro se plaintiff. (egr) Related: [-]
Tuesday, January 16, 2024
3		3 misc Pro Se Handbook and Notice Issued Thu 01/18 4:51 PM PRO SE NOTICE signed by David J. Campbell at time complaint was filed, Pro Se plaintiff declined Pro Se Handbook and Local Rules. (egr) Related: [-]
2		2 motion Proceed In Forma Pauperis Thu 01/18 4:42 PM MOTION for Leave to Proceed in forma pauperis filed by David J. Campbell Motions referred to Miroslav Lovric. (egr) Related: [-]
		Att: 1 Proposed Summons as to Binghamton,
		Att: 2 Proposed Summons as to Broome County Clerk's Office,
		Att: 3 Proposed Summons as to Jared Kraham,
		Att: 4 Proposed Summons as to Brian Sostowski,
		Att: 5 Proposed Summons as to Joseph Zikuski,
		Att: 6 Proposed Summons as to Joseph Cawley,
		Att: 7 Proposed Summons as to Judith Osborn,
		Att: 8 Proposed Summons as to Broome County
1		1 cmp Complaint Thu 01/18 4:29 PM COMPLAINT with JURY DEMAND against Binghamton Police Department, Broome County, Broome County Clerk's Office, Joseph A. Cawley, City of Binghamton, NY, Jared M. Kraham, Judith E. Osburn, Bryan Sostowski, Unknown(s), Joseph Zikuski filed by David J. Campbell.(egr) Related: [-]
		Att: 1 Civil Cover Sheet

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