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14-2379 - McNeil v. NYS Office of Substance Alcoholism & Substance Abuse Services et al


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14-2379 - McNeil v. NYS Office of Substance Alcoholism & Substance Abuse Services et al
August 14, 2015
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REPORT AND RECOMMENDATIONS re 19; 20; 21; 22; 23; 24; 25; 26; 27; 28. The Court respectfully recommends that plaintiff be afforded an additional thirty (30) days to effect service on defendants in accordance with the rules. If, within 30 days, plaintiff fails to file the appropriate affidavit demonstrating service in the manner outlined herein, the Court respectfully recommends that the case be dismissed. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/14/2015. (Wiener, Benjamin) (Main Document 29 replaced on 8/14/2015) (Wiener, Benjamin).
September 17, 2015
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MEMORANDUM & ORDER: In light of Defendants' waiver of service, the court finds that Defendants' Motion to Dismiss is now moot. Defendants are directed to answer or respond to Plaintiff's Complaint by November 5, 2015. So Ordered by Judge Nicholas G. Garaufis on 9/17/2015. (c/m to pro se) (Lee, Tiffeny)
March 31, 2017
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ORDER REGARDING REPORT AND RECOMMENDATIONS, For the foregoing reasons, the court SUSTAINS IN PART and OVERRULES IN PART Plaintiff's objections and ADOPTS IN PART the R&R. Defendants' Motion to Dismiss (Dkt. 52) is GRANTED IN PART and DENIED IN PART. Plaintiff's Motion to Amend (Dkt. 42) is DENIED WITHOUT PREJUDICE. Plaintiff is GRANTED one final opportunity to file a revised proposed Second Amended Complaint. Plaintiff's deadline to file a revised proposed Second Amended Complaint is May 15, 2017. The Clerk of Court is respectfully DIRECTED to mail a copy of this Memorandum & Order to Plaintiff. So Ordered by Judge Nicholas G. Garaufis on 3/31/2017. (c/m to pro se plaintiff) (Lee, Tiffeny)