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Gray v. Village of Ravena

United States District Court, N.D. New York

January 27, 2017

ROSCHEEM GRAY, Plaintiff,
v.
VILLAGE OF RAVENA; COEYMANS POLICE DEP'T; GREGORY DARLINGTON, Coeymans Chief of Police; RYAN JOHNSON, Senior Investigator; JERRY DELUCA, Senior Investigator; RYAN CROSS, Police Officer; and JOHN OR JANE DOES, Police Officers, Defendants.

          ROSCHEEM GRAY, Plaintiff, Pro Se Lakeview Shock Incarceration Correctional Facility.

          DECISION AND ORDER

          HON. GLENN T. SUDDABY Chief United States District Judge.

         Currently before the Court, in this pro se civil rights action filed by Roscheem Gray (“Plaintiff”) against the Village of Ravenna, Coeymans Police Department and several employees of Coeymans Police Department (“Defendants”) alleging Defendants performed illegal searches and presented false testimony and evidence in connection with Plaintiff's 2013 conviction for criminal possession of a controlled substance with intent to sell, is United States Magistrate Judge Daniel J. Stewart's Report-Recommendation recommending that Plaintiff's claims relating to his underlying conviction be sua sponte dismissed as barred under Heck but that Plaintiff's claims pertaining to Defendants' continued retention of his personal property should remain. (Dkt. No. 6.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Stewart's thorough Report-Recommendation, the Court can find no clear-error in the Report-Recommendation.[1] Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein.

         ACCORDINGLY, it is

         ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 6) is ACCEPTED and ADOPTED in its entirety; and it is further

         ORDERED that the following claims pertaining to Plaintiff's underlying State conviction are DISMISSED:

(1) Plaintiff's First Cause of Action against Defendants Johnson and Cross regarding the first search of Plaintiff's apartment;
(2) Plaintiff's Second Cause of Action against Defendant Johnson regarding the search warrant obtained for the second search of Plaintiff's apartment, and against Defendants Johnson, DeLuca and John or Jane Does for conducting the second search of Plaintiff's apartment;
(3) Plaintiff's Fifth Cause of Action against Defendants Darlington, Johnson, Cross, and John or Jane Does regarding an overall conspiracy related to the evidence provided and/or withheld during the State criminal proceeding;
(4) Plaintiff's Sixth Cause of Action against Defendant Village of Ravena to the extent that Plaintiff seeks to hold the municipality liable for the acts/omissions supporting Plaintiff's First, Second and Fifth Causes of Action; and it is further

         ORDERED that Defendant DeLuca is DISMISSED as a Defendant in this action; and it is further

         ORDERED that Plaintiff's Third and Fourth Causes of Action against Defendants Darlington, Johnson, Cross, and John or Jane Does remain PENDING to the extent that they claim that these Defendants retained Plaintiff's personal property without providing him with a mechanism by which he could seek its return, and ignored his attempts to have such property returned to him; and it is further

         ORDERED that Plaintiff's Sixth Cause of Action remain PENDING to the extent that it asserts a claim for municipal liability against Defendant Village of Ravena and Defendant Coeymans Police Department for acts associated with Plaintiff's Third and Fourth Causes of Action; and it is further

         ORDERED that the Clerk of Court shall issue Summonses and forward them, along with copies of the Complaint, to the U.S. Marshals Service for service upon Defendants Village of Ravena, Coeymans Police Department, Gregory Darlington, Ryan Johnson, Ryan Cross and John or Jane Does, and that ...


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