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17-365 - Reedom v. Schenectady County Community College and Pension Plan


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17-365 - Reedom v. Schenectady County Community College and Pension Plan
May 15, 2017
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REPORT-RECOMMENDATION AND ORDER re 12 Letter Motion for James Patrick Reedom filed by James Patrick Reedom, 7 MOTION for Leave to Proceed in forma pauperis filed by James Patrick Reedom. ORDERED, that plaintiffs in forma pauperis application (Dkt. No. 2) is GRANTED;15 and it is ORDERED, that plaintiffs Motion to Add Exhibits, Dkt. No. 12, is GRANTED, and that such exhibits be considered together with the complaint (Dkt. No. 1), and it is ORDERED, that plaintiffs request to obtain a CM/ECF log-in and password, Dkt. No. 8, is DENIED without prejudice; and it is RECOMMENDED, that insofar as plaintiff damages demand includes punitive relief, such damages request be DISMISSED with prejudice, and that plaintiff be permitted to amend his complaint, within thirty (30) days of adoption of this Memorandum-Decision and Order by the assigned District Judge, to plead damages permissible under section 1132(a)(1)(B). Objections to R&R due by 6/1/2017 Case Review Deadline 6/5/2017. Signed by Magistrate Judge Christian F. Hummel on May 15, 2017. (Attachments: # (1) Exhibits)(Copy served via regular and certified)(khr)
June 19, 2017
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ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED with leave to amend; and it is further ORDERED, that Plaintiffs claims for punitive damages are DISMISSED without leave to amend; and it is further ORDERED, that if Plaintiff wishes to proceed with this action, he must submit an amended complaint within thirty days of the date of this Order, or else the Clerk of the Court shall close this action without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on June 19, 2017. (Copy served via regular and certified mail)(sas)