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, )

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.
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IT IS SO ORDERED.
October 11, 2016
Albany, New York

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