Valk v. Hubbard et al
| New York Northern District Court | |
| Judge: | Anthony J Brindisi |
| Referred: | Miroslav Lovric |
| Case #: | 3:24-cv-00003 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 02, 2024 |
| Last checked: Sunday Jun 30, 2024 4:53 AM EDT |
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Defendant
John L. Hubbard
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Defendant
Shawn Smith
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Plaintiff
Justin Valk
54 West Broadway
Oneonta, NY 13820 |
GPO
Apr 03 2024
(Inmate authorization form and Order sent to Superintendent)(Inmate authorization form provided to Financial Deputy of the Clerks Office)(egr)ORDER and REPORT-RECOMMENDATION it is ORDERED that Plaintiff's application to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further ORDERED that the Clerk of the Court provide the Superintendent of the facility that Plaintiff has designated as his current location with a copy of Plaintiff's inmate authorization form (Dkt. No. 3) and notify that official that Plaintiff has filed this action and is required to pay the Northern District of New York the entire statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. § 1915; and (2) provide a copy of Plaintiff's inmate authorization form (Dkt. No. 3) to the Financial Deputy of the Clerk's office; and it is further respectfully RECOMMENDED that the Court DISMISS the Complaint (Dkt. No. 1) WITH LEAVE TO REPLEAD. Objections to R&R due by 4/17/2024, Case Review Deadline 4/22/2024). Signed by Magistrate Judge Miroslav Lovric on 4/3/2024. (Copy served via regular mail) |
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GPO
Apr 30 2024
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Magistrate Judge Lovric's Report-Recommendation (Dkt. No. 5) is ADOPTED. It is further ORDERED that Plaintiff's complaint (Dkt. No. 1) is DISMISSED with leave to replead. It is further ORDERED that any amended complaint must be filed within thirty (30) days of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in total. It is further ORDERED that if Plaintiff files a timely amended complaint, it shall be referred to Magistrate Judge Lovric for review; and if Plaintiff fails to file a timely amended complaint, the Clerk is directed to close this case. Signed by Chief Judge Brenda K. Sannes on 4/30/2024. (Attachments: # (1) Unpublished Case Law cited) (Copy served upon pro se plaintiff via regular mail.) (nmk) |
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GPO
Sep 18 2024
aims seeking to challenge Plaintiff's state court criminal conviction; and (2) monetary damages against the State of New York and Defendants in their official capacities, pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); and it is furtREPORT AND RECOMMENDATIONS: accordingly, it is respectfully RECOMMENDED that the Court ACCEPT for filing Plaintiff's Amended Complaint (Dkt. No. 8) to the extent that it asserts: (1) (a) claims against Defendant Burton in his individual capacity alleging (a) unlawful seizure on May 4 or 5, 2022 and (b) falsification of evidence on May 9, 2022; (2) claims against Defendant Hubbard and Smith in their individual capacities alleging unlawful imprisonment for the arraignment delay; and (3) claims against Defendants Hahl and Burkert in their individual capacities alleging false arrest; and it is further respectfully RECOMMENDED that the Court DISMISS the Amended Complaint (Dkt. No. 8) WITHOUT LEAVE TO REPLEAD to the extent it asserts: (1) clher respectfully RECOMMENDED that the Court DISMISS the Amended Complaint (Dkt. No. 8) WITH LEAVE TO REPLEAD to the extent that is asserts: (1) a Miranda violation claim against Defendant Burton in his individual capacity; (2) claims against Defendant Hubbard in his individual capacity alleging (a) a due process violation, and (b) excessive bail; and (3) claims against Defendant Smith in his individual capacity alleging (a) a due process violation, and (b) excessive bail, (c) excessive and unreasonable sentence, and (d) violation of the right against self-incrimination pursuant to 28 U.S.C.§ 1915(e)(2)(B), 1915(b); and it is further ORDERED that the Clerk of the Court shall file copy of this order, report and recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules. Objections to R&R due by 10/2/2024. Case Review Deadline 10/7/2024.Signed by Magistrate Judge Miroslav Lovric on 9/18/2024. (Copy of R&R served via regular mail upon Pro Se Plaintiff)(sbb) Modified on 10/4/2024 to reflect the proper text of this Order & Report-Recommendation (sbb). |
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GPO
Nov 15 2024
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Magistrate Judge Lovric's Report-Recommendation, (Dkt. No. 11), is ADOPTED in part and REJECTED in part. It is further ORDERED that Plaintiff's Amended Complaint, (Dkt. No. 8), is accepted for filing to the extent that it asserts: (1) a claim against Defendant Burton in his individual capacity alleging (a) an unlawful seizure on May 4 or 5, 2022, and (b) falsification of evidence on May 9, 2022; and (2) claims against Defendants Hahl and Burkert in their individual capacities alleging false arrest. It is further ORDERED that the Amended Complaint, (Dkt. No. 8), is otherwise DISMISSED WITHOUT LEAVE TO REPLEAD, pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). It is further ORDERED that the Clerk issue summonses and forward them, along with a copy of the amended complaint to the United States Marshal for service upon Leslie Burton, II, Matthew P. Burkert, and Jennifer Hahl. It is further ORDERED that the Clerk provide the superintendent of the facility designated by Plaintiff as his current location with a copy of Plaintiff's Inmate Authorization, (Dkt. No. 3), and notify the official that this action has been filed and that Plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350, over time, pursuant to 28 U.S.C. § 1915. It is further ORDERED that the Clerk provide a copy of Plaintiff's Inmate Authorization, (Dkt. No. 3), to the Financial Deputy of the Clerk's Office. Signed by Chief Judge Brenda K. Sannes on 11/15/2024. (Copy served upon pro se plaintiff via regular mail.) (nmk) |
| Docket last updated: 85 minutes ago |
| Tuesday, October 28, 2025 | ||
| 51 | 51
order
Order on Letter Request
Tue 10/28 12:49 PM
TEXT ORDER: Letter Motion50 is DENIED. The letter motion seeking to extend again the deadlines and schedules fails to provide good cause as to why discovery cannot be completed by 12/4/2025. The deadlines remain as previously extended in Text Order 49 . The deadline to complete all discovery, including depositions, remains 12/4/2025 and the deadline to file dispositive motions remains 2/4/2026. These deadlines will not be extended any further without good cause. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/28/2025. (copy served on Plaintiff via regular mail) (jdc ) |
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| Monday, October 27, 2025 | ||
| 50 | 50
motion
Letter Request/Motion
Mon 10/27 2:21 PM
Letter Motion filed by Justin Valk requesting extension of Discovery deadlines. Pro Se, via regular mail. {Mailing envelope attached.} (bas) |
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