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16-962 - Linder v. New York State Police


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16-962 - Linder v. New York State Police
September 28, 2016
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REPORT-RECOMMENDATION and ORDER re 1 Complaint filed by David William Linder: Recommended, that Plaintiff's Complaint be dismissed, pursuant to 28 U.S.C.§ 1915 and § 1915A for failure to state a claim, however, in light of his pro se status; Recommended, that prior to dismissing Plaintiff's Complaint in its entirety, Plaintiff be provided an opportunity to amend his Complaint to correct the format and expand upon the facts that would support his claim for entitlement to relief; and Ordered, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the Plaintiff. Objections to R&R due by 10/17/2016 Case Review Deadline 10/19/2016. Signed by Magistrate Judge Daniel J. Stewart on 09/28/2016. (hmr)
October 18, 2016
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ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No.10) is ADOPTED in its entirety; and it is further ORDERED that plaintiffs original complaint be dismissed, pursuant to 28 U.S.C. § 1915 and § 1915A for failure to state a claim, however, in light of his pro se status; it is further ORDERED that the court affords the plaintiff thirty (30) days from the date of this order, to file an amended complaint, which he filed on October 17, 2016, (Dkt. No. 11), to correct the format and expand upon the facts that would support his claim for entitlement to relief and it shall be a complete pleading that supersedes his original complaint in all respects and shall not include any claims that have been dismissed with prejudice by this court (and does not incorporate by reference any portion of his original Complaint); and it is further ORDERED that plaintiff is directed to comply in all respects with Rules 8(1) and 10(b) of the Federal Rules of Civil Procedure, which require, inter alia, that the amended complaint contain a short and plain statement of each claim showing that plaintiff is entitled to relief, and that he states his claims in numbered paragraphs, each limited as far as practical to a single set of circumstances; and it is further ORDERED that the amended complaint, (Dkt. No. 11), is referred to Magistrate Judge Stewart for compliance with this court's order and, if necessary, initial review pursuant to 28 U.S.C. §§ 19159(e) and 1915A. Signed by Senior Judge Gary L. Sharpe on 10/18/2016. (jel, )
April 10, 2017
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REPORT-RECOMMENDATION and ORDER: re 11 Amended Complaint filed by David William Linder: Recommended, that this action be Dismissed pursuant to 28 U.S.C. 1915(e) and 1915A and Ordered, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties of this action. Objections to R&R due by 4/27/2017 Case Review Deadline 5/1/2017 Signed by Magistrate Judge Daniel J. Stewart on 04/10/2017. (Copy was served on pro se plaintiff via regular mail on 4/10/2017.)(hmr)
May 2, 2017
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ORDER - That the 13 Report-Recommendation is ADOPTED in its entirety. That this action is DISMISSED pursuant to 28 U.S.C.§§1915(e) and 1915A. That the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 5/2/2017. (Copy served via regular mail)(jel, )