Chavis v. Syracuse Police Department et al
| New York Northern District Court | |
| Judge: | Mae A D'Agostino |
| Referred: | Mitchell J Katz |
| Case #: | 8:24-cv-00889 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 18, 2024 |
| Re-opened: | Aug 21, 2024 |
| Terminated: | Jul 22, 2024 |
| Last checked: Sunday Sep 01, 2024 5:26 AM EDT |
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Defendant
Abraham
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Defendant
DeJoseph
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Defendant
Mackenzie Glynn
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Defendant
Fred Lamberton
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Defendant
Syracuse Police Department
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Plaintiff
Katron Chavis
24-B-2054 Clinton Correctional Facility P.O. Box 2001
Dannemora, NY 12929 |
GPO
Sep 06 2024
ORDER and REPORT-RECOMMENDATION: It is ORDERED, that plaintiff's motion to proceed IFP (Dkt. No. 2) be GRANTED, and it is RECOMMENDED, that the district court DISMISS PLAINTIFF'S COMPLAINT IN ITS ENTIRETY, WITH PREJUDICE, only as to defendant Syracuse Police Department, and it is RECOMMENDED, that the district court DISMISS PLAINTIFF's COMPLAINT IN ITS ENTIRETY, WITHOUT PREJUDICE, with leave to replead, as to defendants Detective Fred Lamberton, Police Officer Mackenzie Glynn, Detective Abraham and Detective DeJoseph, except that Plaintiff's second claim is dismissed WITH PREJUDICE and without leave to replead, and it is RECOMMENDED, that if the District Judge adopts this Order and Report-Recommendation, plaintiff be given thirty (30) days from the date of the District Judge's order, within which to submit a proposed second amended complaint to the court for its consideration, and that plaintiff be advised that any amended pleading must be a COMPLETE PLEADING WHICH WILL SUPERCEDE THE COMPLAINT, and that plaintiff must include all the remaining facts and causes of action in the second amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the District Court adopts this Order and Report-Recommendation, and plaintiff files a proposed amended complaint, the proposed pleading be returned to the Magistrate Judge for review, and it is ORDERED, that while plaintiff may file objections to this Order and Report-Recommendation, before plaintiff submits any amended pleading, he should wait for the District Court to rule on the above Orders and Recommendations. Signed by Magistrate Judge Mitchell J. Katz on 9/6/2024. (Copy served via regular mail). (mmg). ( Objections to R&R due by 9/20/2024, Case Review Deadline 9/23/2024). |
| Docket last updated: 3 hours ago |
| Monday, September 23, 2024 | ||
| 11 | 11
respoth
Objection to Report and Recommendations
Mon 09/23 3:11 PM
OBJECTION to9 Report and Recommendation with REQUEST for counsel by Katron Chavis. (nas ) |
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| Wednesday, September 18, 2024 | ||
| 10 | 10
notice
Notice of Change of Address
Wed 09/18 3:02 PM
NOTICE OF CHANGE OF ADDRESS by Katron Chavis Effective Date September 11, 2024 Old Address: Clinton Correctional Facility New Address: Auburn Correctional Facility (nas ) |
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| Friday, September 06, 2024 | ||
| 9 | 9
motion
Report and Recommendations Order ~Util - Terminate Motions
Fri 09/06 2:05 PM
ORDER and REPORT-RECOMMENDATION: It is ORDERED, that plaintiff's motion to proceed IFP (Dkt. No.2 ) be GRANTED, and it is RECOMMENDED, that the district court DISMISS PLAINTIFF'S COMPLAINT IN ITS ENTIRETY, WITH PREJUDICE, only as to defendant Syracuse Police Department, and it is RECOMMENDED, that the district court DISMISS PLAINTIFF's COMPLAINT IN ITS ENTIRETY, WITHOUT PREJUDICE, with leave to replead, as to defendants Detective Fred Lamberton, Police Officer Mackenzie Glynn, Detective Abraham and Detective DeJoseph, except that Plaintiff's second claim is dismissed WITH PREJUDICE and without leave to replead, and it is RECOMMENDED, that if the District Judge adopts this Order and Report-Recommendation, plaintiff be given thirty (30) days from the date of the District Judge's order, within which to submit a proposed second amended complaint to the court for its consideration, and that plaintiff be advised that any amended pleading must be a COMPLETE PLEADING WHICH WILL SUPERCEDE THE COMPLAINT, and that plaintiff must include all the remaining facts and causes of action in the second amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the District Court adopts this Order and Report-Recommendation, and plaintiff files a proposed amended complaint, the proposed pleading be returned to the Magistrate Judge for review, and it is ORDERED, that while plaintiff may file objections to this Order and Report-Recommendation, before plaintiff submits any amended pleading, he should wait for the District Court to rule on the above Orders and Recommendations. Signed by Magistrate Judge Mitchell J. Katz on 9/6/2024. (Copy served via regular mail). (mmg). ( Objections to R&R due by 9/20/2024, Case Review Deadline 9/23/2024) |
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| Wednesday, August 21, 2024 | ||
| 8 | 8
order
Order Reopening Case (Text-Only)
Wed 08/21 3:07 PM
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on August 21, 2024. {text order served via regular mail on plaintiff}(nas ) |
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| Monday, August 19, 2024 | ||
| 7 | 7
misc
Inmate Authorization Form
Wed 08/21 2:25 PM
INMATE AUTHORIZATION FORM by Katron Chavis. (nas ) |
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| 6 | 6
motion
Proceed In Forma Pauperis
Wed 08/21 2:24 PM
MOTION for Leave to Proceed in forma pauperis filed by Katron Chavis(nas ) |
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| Tuesday, July 23, 2024 | ||
| 5 | 5
misc
Inmate Authorization Form
Tue 07/23 11:37 AM
INMATE AUTHORIZATION FORM filed by Katron Chavis. (Mailing envelope included) (meb) |
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| 4 | 4
notice
Notice - Other
Tue 07/23 11:36 AM
Civil Cover Sheet filed by Katron Chavis. (Mailing envelope included) (meb) |
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| Monday, July 22, 2024 | ||
| 3 | 3
4
pgs
order
Order Directing Administrative Closure
Mon 07/22 8:41 AM
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $405.00 filing fee in full, or (2) submit a completed and signed IFP application; AND a signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by U.S. District Judge Mae A. D'Agostino on 7/22/2024. (Copy served via regular mail, along with blank forms)(meb) |
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| Thursday, July 18, 2024 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Thu 07/18 12:10 PM
MOTION for Leave to Proceed in forma pauperis filed by Katron Chavis.(meb) |
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Att: 1
Proposed Summons
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| 1 | 1
cmp
Complaint
Thu 07/18 12:09 PM
COMPLAINT against Abraham, DeJoseph, Mackenzie Glynn, Fred Lamberton, Syracuse Police Department filed by Katron Chavis. (Mailing envelope included)(meb) |
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