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16-691 - Atson-Tsevi v. Ellwanger et al


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16-691 - Atson-Tsevi v. Ellwanger et al
September 13, 2016
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REPORT-RECOMMENDATION and ORDER: It is RECOMMENDED, that Plaintiff's claims pursuant to 42 U.S.C. § 1983 and Title VII be dismissed against all the named Defendants pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure tostate a claim upon which relief can be granted and that all Defendants be dismissed from this action; however, it is further RECOMMENDED, that prior to outright dismissal of this entire action, Plaintiff should be provided an opportunity to amend his Complaint, if he wishes, in order to pursue his Title VII claim against his former employer; and it is further ORDERED, that the Clerk serve a copy of this Report Recommendation and Order on Plaintiffby certified mail. Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14) days within which to file written 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 9/30/2016, Case Review Deadline 10/4/2016). Signed by Magistrate Judge Daniel J. Stewart on September 13, 2016. {The clerk sent a copy of this Report-Recommendation and Order via certified mail to the Pro Se Plaintiff at P.O. Box 1353, Troy, NY 12181}. (rep)
October 11, 2016
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Failure to file an Amended Complaint within thirty days will cause the Court to dismiss the case with prejudice. Signed by Senior Judge Thomas J. McAvoy on 10/11/2016. (hmr)DECISION & ORDER: that this Court therefore Adopts the Report-Recommendation, dkt. # 7, for the reasons stated therein, and it is Ordered that Plaintiff's claims pursuant to 42 U.S.C. § 1983 and Title VII are Dismissed against all named defendants. Dismissal is without prejudice to Plaintiff filing an Amended Complaint that raises a Title VII claim against Plaintiff's former employer. Plaintiff shall file any Amended Complaint within thirty (30) days of the date of this order.