Opinion
Civil Action 24-CV-1786
12-12-2024
RESHAN SAVAGE BEY Plaintiff v. AYLSSA AMOROSO, et al., Defendants
ORDER
NITZA I. QUINONES ALEJANDRO, Judge, United States District Court
AND NOW, this 12th day of December, 2024, upon consideration of Reshan Savage Bey's Amended Complaint (ECF No. 13) and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. Bey's Fifth and Sixth Amendment claims against all Defendants, all claims against Defendant Grabov, and the claim against Defendant Bryan Carney based on Carney's testimony at a preliminary hearing are DISMISSED, with prejudice..
2. The Clerk of Court is DIRECTED to terminate Grabov as a Defendant.
3. All further proceedings on Bey's remaining Fourth Amendment claims for false arrest and false imprisonment against Defendants Anthony Michetti and Bryan Carney are STAYED until Bey informs this Court that his related criminal proceeding has been resolved. The Clerk of Court is DIRECTED to place a STAY flag on the docket of this case.
4. If he seeks to pursue his claims, Bey must notify this Court within thirty (30) days of the resolution of his related criminal case that (a) the proceeding has been resolved; (b) how the proceeding resolved; and (c) whether he still intends to pursue the claims in the instant case. Failure to comply with this Order may result in dismissal of this case.
5. The Clerk of Court is DIRECTED NOT TO ISSUE SUMMONSES at this time.
6. The time to serve process under Fed.R.Civ.P. 4(m) is hereby extended to the date 90 days following the issuance of summonses by the Clerk of Court upon further order of the Court.