Morris v. Martin et al

Filing 6

MEMORANDUM-DECISION AND ORDER: ACCEPTING the # 4 Report and Recommendations. It is ORDERED that the # 1 Complaint is dismissed without prejudice and with leave to amend against defendants City of Albany and Albany County. It is further ORDERED t hat the Court dismisses with prejudice, on grounds of absolute immunity, all claims against District Attorney Soares, except for the following claims, which the Court dismisses without prejudice and with leave to amend: (1) the claims that District A ttorney Soares created practices and policies that he and Jason Martin used to pursue and falsely charge defendant; and (2) the claims that that Soares failed to supervise and discipline the agents he used to investigate criminal charges against plai ntiff; and it is further ORDERED that the action shall proceed against defendants Jason Martin, Jason Seward, and Steve Korkoff; and these defendants, or their counsel, shall file a response in accordance with Fed. R. Civ. P. 12. Additionally, it i s ORDERED that any amended complaint must be a complete pleading that supersedes the original complaint in all respects (and does not incorporate by reference any portion of his original complaint); and that plaintiff shall not reassert any claims th at have been dismissed with prejudice; and it is further ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York. Signed by Senior Judge Norman A. Mordue on July 28, 2016. {A copy of this Order was sent to the plaintiff at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13021 via regular U.S. Postal Mail}. (rep)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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WILLIE MORRIS,
Plaintiff,
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5:16-CV-601 (NAM/TWD)

JASON MARTIN, JASON SEWARD, DAVID
SOARES, STEVE KORKOFF, CITY OF ALBANY,
and COUNTY OF ALBANY,
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Defendants.
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APPEARANCES:

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WILLIE MORRIS
14-A-0894
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
Plaintiff, pro se

Hon. Norman A. Mordue, Senior U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
Upon initial review, United States Magistrate Judge Thérèse Wiley Dancks has prepared
an Order and Report and Recommendation (Dkt. No. 4) granting plaintiff’s application for in
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forma pauperis status and recommending as follows:
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•

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that the complaint (Dkt. No. 1) be dismissed without prejudice and with leave to
amend against defendants City of Albany and Albany County;
that the complaint be dismissed as against defendant District Attorney Soares, and
that the dismissal be with prejudice on absolute immunity grounds, except as to
plaintiff’s claims that Soares created practices and policies that Martin and Soares
used to pursue and falsely charge plaintiff and that Soares failed to supervise and
discipline the agents he used to investigate criminal charges against plaintiff, and
that as to those claims the dismissal be without prejudice and with leave to amend;
that the action be allowed to proceed against defendants Martin, Seward, and
Korkoff, and that these defendants, or their counsel, be required to file a response
as provided for in Rule 12 of the Federal Rules of Civil Procedure; and

•

that plaintiff be instructed that any amended complaint must be a complete
pleading that supersedes his original complaint in all respects (and does not
incorporate by reference any portion of his original complaint); and that he not
attempt to reassert any claims that have been dismissed with prejudice.

Plaintiff has not objected to Magistrate Judge Dancks’s Report and Recommendation.
Rather, he has filed a letter motion dated July 6, 2016 (Dkt. No. 5) requesting that he be given
until August 5, 2016 to file an amended complaint.
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Upon review of the Report and Recommendation, the Court finds no error. The Court
accepts the Report and Recommendation in its entirety. Due to the passage of time since plaintiff
requested an extension of time to file his amended complaint, the Court extends his time to do so
until August 22, 2016. It is therefore
ORDERED that the Report and Recommendation (Dkt. No. 4) is accepted; and it is

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further
ORDERED that the complaint (Dkt. No. 1) is dismissed without prejudice and with leave
to amend against defendants City of Albany and Albany County; and it is further
ORDERED that the Court dismisses with prejudice, on grounds of absolute immunity, all
claims against District Attorney Soares, except for the following claims, which the Court
dismisses without prejudice and with leave to amend: (1) the claims that District Attorney Soares

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created practices and policies that he and Jason Martin used to pursue and falsely charge
defendant; and (2) the claims that that Soares failed to supervise and discipline the agents he used
to investigate criminal charges against plaintiff; and it is further
ORDERED that the action shall proceed against defendants Jason Martin, Jason Seward,
and Steve Korkoff; and these defendants, or their counsel, shall file a response in accordance with

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Fed. R. Civ. P. 12; and it is further
ORDERED that any amended complaint must be a complete pleading that supersedes the
original complaint in all respects (and does not incorporate by reference any portion of his
original complaint); and that plaintiff shall not reassert any claims that have been dismissed with
prejudice; 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: July 28, 2016
Syracuse, New York

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