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08-658 - Marone v. Greene County Probation Department et al


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08-658 - Marone v. Greene County Probation Department et al
September 26, 2008
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REPORT RECOMMENDATION AND ORDER: It is hereby ORDERED, that Plaintiff's in Forma Pauperis Application (Dkt. No. 1) is GRANTED, and 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 Form (Dkt No. 1), and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C § 1915; and it is further ORDERED, that the Clerk provide a copy of Plaintiff's Inmate Authorization Form to the Financial Deputy of the Clerk's Office; and it is further RECOMMENDED,that the Complaint be dismissed against Defendants Valicenti, Frisbee, and Greene County Probation Department, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii)for failure to state a claim upon which relief can be granted and for suing Defendants who are absolutely immune from relief, and it is further RECOMMENDED, that the Court dismiss any § 1983 claims against Defendant Conway and decline to exercise supplemental jurisdiction of any state claim against Defendant Conway; and it is further ORDERED, that the Clerk serve a copy of this Report Recommendation and Order on Plaintiff by regular mail. Objections to R&R due by 10/10/2008 Case Review Deadline 10/16/2008 Signed by Magistrate Judge Randolph F. Treece on 9/26/2008. (mgh)
October 22, 2008
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ORDER adopting Report and Recommendations re: 13 Report and Recommendations. ORDERED, that Plaintiffs Amended Complaint (Dkt. No. 12) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 10/22/08. (sas)