Jackson v. Gunsalus et al
Filing
6
ORDER: that the Report-Recommendation and Order (Dkt. No. 5 ) is Adopted in its entirety; that the complaint (Dkt. No. 1 ) be Dismissed with Prejudice and Without Leave to Amend against Defendants Gunsalus, Lashomb, Smith and Fowler in their offic ial capacities; and Ordered that the complaint be Dismissed with prejudice and without leave to amend against Defendant Syracuse Police Department; that the complaint be Dismissed without prejudice and with leave to amend against Defendants Smith, Fo wler, and the City of Syracuse; that this action be allowed to proceed against Defendants Gunsalus and Lashomb in their individual capacities on Plaintiff's § 1983 claims for excessive force and assault and batter, and that Defendant or the ir counsel, be required to file a response as provided for in Rule 12 of the Federal Rules of Civil Procedure; that within thirty (30) days of the date of this order, plaintiff may file an amended complaint, a complete pleading that supersedes his or iginal complaint in all respects and shall not include any claims that have been dismissed with prejudice by this court; and that the clerk of the court serve a copy of this order upon the parties in accordance with this court's Local Rules. Signed by Senior Judge Gary L. Sharpe on 07/25/2016. (hmr)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
KELVIN JACKSON
Plaintiff,
5:16-cv-647
(GLS/TWD)
v.
JOHN GUNSALUS et al.
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
KELVIN JACKSON
157 Parkway Dr.
Syracuse, New York 13207
Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Therese Wiley Dancks,
duly filed on June 24, 2016. (Dkt. No. 5.) Following fourteen days from the
service thereof, the Clerk has sent the file, including any and all objections
filed by the parties herein.
No objections having been filed, and the court having reviewed the
Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No. 5)
is ADOPTED in its entirety; and it is further
ORDERED that the complaint (Dkt. No. 1) be DISMISSED WITH
PREJUDICE AND WITHOUT LEAVE TO AMEND against Defendants
Gunsalus, Lashomb, Smith and Fowler in their official capacities; and it is
further
ORDERED that the complaint be DISMISSED WITH PREJUDICE
AND WITHOUT LEAVE TO AMEND against Defendant Syracuse Police
Department; and it is further
ORDERED that the complaint be DISMISSED WITHOUT
PREJUDICE AND WITH LEAVE TO AMEND against Defendants Smith,
Fowler, and the City of Syracuse; and it is further
ORDERED that this action be allowed to proceed against Defendants
Gunsalus and Lashomb in their individual capacities on Plaintiff’s § 1983
claims for excessive force and assault and batter, and that Defendant or
their counsel, be required to file a response as provided for in Rule 12 of
the Federal Rules of Civil Procedure; and it is further
ORDERED that within thirty (30) days of the date of this order,
2
plaintiff may file an amended complaint, a complete pleading that
supersedes his original complaint in all respects and shall not include any
claims that have been dismissed with prejudice by this court; and it is
further
ORDERED that the clerk of the court serve a copy of this order upon
the parties in accordance with this court’s Local Rules.
IT IS SO ORDERED.
July 25, 2016
Albany, New York
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?