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16-1441 - LaPointe v. Ellis et al


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16-1441 - LaPointe v. Ellis et al
December 13, 2016
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ave to amend; and it is further RECOMMENDED that should this Report-Recommendation and Order be adopted by the District Judge, that the plaintiff be given thirty (30) days from the date of entry of the District Court Judge's Order to submit an amended complaint; and it is ORDERED, that the Clerk of the Court serve a copy of this Report- Recommendation and Order on plaintiff in accordance with Local Rules. Pursuant to 28 U.S.C. § 636(b)(1), parties may lodge written objections to thREPORT-RECOMMENDATION AND ORDER: It is ORDERED that the Plaintiff's # 2 MOTION for Leave to Proceed in forma pauperis is GRANTED; and it is RECOMMENDED that the Plaintiff's # 1 Complaint be dismissed without prejudice and with lee 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." FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW.(Objections to R&R due by 12/30/2016, Case Review Deadline 1/3/2017), Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Albert M. LaPointe. Signed by Magistrate Judge Christian F. Hummel on December 13, 2016. (Attachments: # (1) Exhibit - Unpublished Cases)(A copy of this Order and the exhibit of unpublished cases is served on the Plaintiff via regular mail at 21 Woodridge Street, Albany, NY 12203).(rep)
April 5, 2017
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ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED with leave to amend; Signed by Senior Judge Lawrence E. Kahn on April 05, 2017. (Copy served via regular mail)(sas)
July 10, 2017
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REPORT-RECOMMENDATION AND ORDER: It is RECOMMENDED that the Plaintiff's # 8 Amended Complaint be DISMISSED WITH PREJUDICE, except that plaintiff's claim under the HRL against defendant Ellis be dismissed without prejudice to plaintiff commencing this claim in state court for nonmonetary damages should he wish to do so; and it is ORDERED, that the Clerk of the Court serve a copy of this Report- Recommendation and Order, together with the unpublished case law cited therein, on plaintiff in accordance with the Local Rules. Pursuant to 28 U.S.C. § 636(b)(1), the plaintiff has 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 7/28/2017 Case Review Deadline 8/1/2017. Signed by Magistrate Judge Christian F. Hummel on July 10, 2017. (Attachments: # (1) Unpublished Cases)(Copy served via regular mail on the plaintiff at 21 Woodridge Street, Albany, NY 12203).(rep)
August 31, 2017
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ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs amended complaint (Dkt. No. 8) is DISMISSED with prejudice, except that Plaintiffs claims under the New York Human Rights Law, N.Y. Exec. L. § 290 et seq., against Ellis are dismissed without prejudice to Plaintiff bringing these claims in state court for non-monetary damages. Signed by Senior Judge Lawrence E. Kahn on August 31, 2017. (Copy served via regular and certified mail)(sas)