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)

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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

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