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16-291 - Coon v. Bell et al


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16-291 - Coon v. Bell et al
April 26, 2016
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REPORT-RECOMMENDATION AND ORDER: It is RECOMMENDED that the # 1 Complaint be DISMISSED pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted; and it is further RECOMMENDED, that in light of Plaintiffs pro se status, prior to any dismissal, Plaintiff be afforded an opportunity to amend his Complaint. In any amended complaint that Plaintiff files, he must comply with Rules 8 and 10 of the Federal Rules of Civil Procedure and any other terms the Court deems proper. Plaintiff must also allege claims of misconduct or wrongdoing against Defendants that he has a legal right to pursue and over which this Court has jurisdiction; and it isfurther ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14) days within which to filewritten objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 5/13/2016, Case Review Deadline 5/17/2016. Signed by Magistrate Judge Daniel J. Stewart on April 26, 2016. {The clerk mailed a copy of this Report-Recommendation to the Pro Se Plaintiff at 2902 Tibbits Ave., Room 85, Troy, NY 12180 via regular U.S. Postal Mail}. (rep)
May 23, 2016
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DECISION AND ORDER: The Court ADOPTS the # 8 Report and Recommendations and it is ORDERED that the # 1 Complaint is dismissed pursuant to 28 U.S.C. Section 1915(e) for failure to state a claim upon which relief may be granted; and it is further hereby, ORDERED that the Plaintiff's Amended Complaint (found at docket entry # 10) is ACCEPTED for filing, and is referred to Magistrate Judge Stewart for a 28 U.S.C. § 1915(e) review. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on May 23, 2016. {The clerk sent a copy of this Decision and Order to the Pro Se Plaintiff at 2902 Tibbits Ave Room 85, Troy, NY 12180 via regular U.S. Postal Mail}. (rep)
September 20, 2016
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REPORT-RECOMMENDATION AND ORDER: Recommended that all claims, with the exception of Pltf's Fourth Amendment illegal search claim and Fourth Amendment excessive force claim against Deft Bell, be dismissed. Recommended that because Pltf has failed to state a cause of action against them, Defts Jordan, Anderson, Hogan, Murphy, Irving, DeLorme, Village of Cambridge, Village of Greenwich, Glenn Falls Hospital Security Dept, and Claverack Insurance Company should be dismissed as Defts in this action. Also, Recommended, that if the above recommendations are accepted, that this matter be referred back to this Court for an order directing service by the USM upon the surviving Deft. Ordered that this R & R and Order be served upon Pltf. ( Objections to R&R due by 10/7/2016, Case Review Deadline 10/11/2016). Signed by Magistrate Judge Daniel J. Stewart on 9/20/16. [Served by mail.](sfp, )
November 2, 2016
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DECISION & ORDER: Adopting the # 13 Report and Recommendations. It is ORDERED that all claims in Plaintiff's Amended Complaint except Plaintiff's Fourth Amendment claims for illegal search and excessive force against Defendant George Bell are hereby DISMISSED; and Defendants Anthony Jordan, Devon Anderson, Kathleen Hogan, Sheriff Jeffrey Murphy, April Beasley-Irving, Tammy De Lorne, the Village of Cambridge, the Village of Greenwich, the Glenn Falls Hospital Security Department, and Claverack Insurance Company are hereby DISMISSED from this action. Signed by Senior Judge Thomas J. McAvoy on November 2, 2016. {A copy of this Decision and Order was mailed to the pro se plaintiff at 2902 Tibbits Ave., Room 85, Troy, NY 12180 via regular U.S. Postal Mail}. (rep)