Morris v. Martin et al

Filing 37

MEMORANDUM-DECISION AND ORDER denying 34 Motion to Dismiss. Signed by Senior Judge Norman A. Mordue on 3/17/17. (Copy served via regular mail)(sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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Willie Morris, also known as Willie F. Morris,
Plaintiff,
-v-

5:16-CV-601 (NAM/TWD)

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Jason Martin, Police Officer, sued in individual
capacity; Jason Seward, Police Officer, sued in
individual capacity; David Soares, District Attorney,
sued in individual capacity; Steve Korkoff, Chief of
Police, sued in individual and official capacity; City
of Albany, sued in individual and official capacity;
and County of Albany, sued in individual and official
capacity,
Defendants.
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APPEARANCES:
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Willie Morris
14-A-0894
Upstate Correctional Facility
P.O. Box 2001
Malone, New York 12953
Plaintiff, pro se

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The Rehfuss Law Firm, P.C.
Abigail W. Rehfuss, Esq., of counsel
Stephen J. Rehfuss, Esq., of counsel
40 British American Blvd.
Latham, New York 12110
Attorneys for Defendants

Hon. Norman A. Mordue, Senior U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
On January 5, 2017, United States Magistrate Judge Thérèse Wiley Dancks issued an
Order and Report-Recommendation (Dkt. No. 27) upon initial review of plaintiff’s pro se
amended complaint recommending that the amended complaint be dismissed with prejudice as

against District Attorney Soares and Albany County, and allowed to proceed against the
remaining defendants. On January 20, 2017, plaintiff filed an objection (Dkt. No. 32). On
February 21, 2017, defendants Jason Martin, Jason Seward, Steve Korkoff, and the City of
Albany moved (Dkt. No. 34) for dismissal for failure to state a claim. This motion, however, is
premature, inasmuch as the Court has not yet issued its decision accepting, rejecting, or
modifying the Order and Report-Recommendation.
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It is therefore
ORDERED that the motion (Dkt. No. 34) for dismissal by defendants Jason Martin, Jason
Seward, Steve Korkoff, and the City of Albany is denied without prejudice to renewal after the
Court issues its decision on the Order and Report-Recommendation; and it is further
ORDERED that the Clerk of the Court is directed to serve copies of this

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Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of
New York.
IT IS SO ORDERED.
Date: March 17, 2017
Syracuse, New York

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