Credell v. Dawley et al

Filing 12

ORDER - ORDERED that the Order and Report-Recommendation (Dkt. No.11) is ADOPTED in its entirety; and it is further ORDERED that plaintiff's Fourth Amendment illegal search and seizure claim be allowed to proceed against defenda nts Det. Matt Dawley, P.O. J. Giaquinto, and Sgt. Lawlee; and it is further ORDERED that plaintiff is directed to file with the Clerk a summons addressed to each defendant for service of process within thirty (30) days from the date of this order; and it is further ORDERED that a formal response to plaintiff's amended complaint be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of p rocess on defendants; and it is further ORDERED that plaintiffs Fourteenth Amendment due process claim against Defendant Det. Matt Dawley be DISMISSED WITH PREJUDICE and without leave to amend for failure to state a claim; and it is further ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this courts Local Rules. Signed by Senior Judge Gary L. Sharpe on 10/11/2016. (jel, )

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ DARNELL CREDELL, Plaintiff, 7:16-cv-857 (GLS/TWD) v. DET. MATT DAWLEY et al., Defendants. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: DARNELL CREDELL Plaintiff, pro se 15-B-3607 Orleans Correctional Facility 3531 Gaines Basin Road Albion, New York 14411 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following an Order and Report-Recommendation by Magistrate Judge Thérèse Wiley Dancks, duly filed on September 16, 2016. (Dkt. No. 11.) 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 Order and Report-Recommendation (Dkt. No. 11) is ADOPTED in its entirety; and it is further ORDERED that plaintiff’s Fourth Amendment illegal search and seizure claim be allowed to proceed against defendants Det. Matt Dawley, P.O. J. Giaquinto, and Sgt. Lawlee; and it is further ORDERED that plaintiff is directed to file with the Clerk a summons addressed to each defendant for service of process within thirty (30) days from the date of this order; and it is further ORDERED that a formal response to plaintiff’s amended complaint be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of process on defendants; and it is further ORDERED that plaintiff’s Fourteenth Amendment due process claim against Defendant Det. Matt Dawley be DISMISSED WITH PREJUDICE and without leave to amend for failure to state a claim; 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. 2 IT IS SO ORDERED. October 11, 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?