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16-796 - Manley v. Champlain Stones


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16-796 - Manley v. Champlain Stones
October 11, 2016
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REPORT-RECOMMENDATION AND ORDER re 4 MOTION to Appoint Counsel filed by Dujon Manley, 7 MOTION for Leave to Proceed in forma pauperis filed by Dujon Manley. ORDERED, that plaintiffs IFP application (Dkt. No. 7) is GRANTED; and it isfurther RECOMMENDED, that, pursuant to the Courts review under 28 U.S.C. § 1915(e), plaintiffs complaint be DISMISSED; and it is further; RECOMMENDED, that, in light of his pro se status, prior to dismissing plaintiffs complaint in its entirety, he be provided an opportunity to amend his complaint to provide sufficient facts that would support a claim for relief as detailed within this Report, Recommendation & Order; and it is further RECOMMENDED, that, if this Report-Recommendation and Order is adopted in full, plaintiff will be allowed THIRTY (30) days from the date of that Order adopting this Report-Recommendation and Order to file his amended complaint; and it is ORDERED, that, plaintiffs motion for appointment of counsel, Dkt. No. 4, be DENIED without prejudice. Pursuant to 28 U.S.C. § 636(b)(1), parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of the... recommendation. N.Y.N.D.L.R. 72.1(c) (citing 28 U.S.C. 636(b)(1)(B)-(C)). FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Small v. Secy of HHS, 892 F.2d 15 (2d Cir. 1989); 28 U.S.C. § 636(b)(1); Fed R. Civ. P. 72, 6 (a), 6(e). IT IS SO ORDERED. Objections to R&R due by 10/28/2016 Case Review Deadline 11/1/2016 Signed by Magistrate Judge Christian F. Hummel on October 11, 2016. (Attachments: # (1) Exhibit(s) Case Law, # (2) Exhibit(s) Case Law, # (3) Exhibit(s) Case Law, # (4) Exhibit(s) Case Law)(khr)
November 10, 2016
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ORDER denying 4 Motion to Appoint Counsel without prejudice; granting 7 Motion for Leave to Proceed in forma pauperis; adopting the 8 Report and Recommendations. The file is referred to US Mag. Stewart for initial review of the amended complaint (9}. Signed by Senior Judge Norman A. Mordue on 11/10/16. Served on pltf by reg. mail. (jlm)