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17-422 - Moran v. DeAmelia et al


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17-422 - Moran v. DeAmelia et al
April 20, 2017
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REPORT-RECOMMENDATION AND ORDER: re 1 Complaint filed by Thomas J. Moran 2 MOTION for Leave to Proceed in forma pauperis filed by Thomas J. Moran: Ordered, that plaintiff's application for in forma pauperis status be Granted; Recommended, that plaintiff's Title VII claims be Dismissed with prejudice; Recommended, that plaintiff's ADA claims be Dismissed against defendants Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, with prejudice; Recommended, that plaintiff's ADA claims otherwise be Dismissed without prejudice insofar as plaintiff may potentially seek to bring such claims against a proper defendant in the future; Recommended that insofar as plaintiff seeks punitive damages under the ADA, such claim be Dismissed with prejudice; Recommended that plaintiff's request for compensatory and injunctive relief under the ADA be Dismissed without prejudice; Recommended, that the motion for appointment of counsel (Dkt. No. 3) be Denied without prejudice, as the undersigned recommends dismissal of the complaint in its entirety and Ordered, that the Clerk of the Court serve this Report-Recommendation and Order on the plaintiff in accordance with Local Rules.(Objections to R&R due by 5/8/2017: Case Review Deadline 5/11/2017), Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Thomas J. Moran.Signed by Magistrate Judge Christian F. Hummel on 04/20/2017. (Attachments: # (1) Unpublished Case Law)(Copy of the Report-Recommendation and Order, together with the Unpublished Case Law was served on pro se plaintiff via regular mail on 4/21/2017.)(hmr)
June 28, 2017
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DECISION AND ORDER: DENYING the # 3 Motion to Appoint Counsel and ADOPTING the # 5 Report and Recommendations. The plaintiff's # 6 Objections are OVERRULED. Plaintiff's Title VII claims are hereby DISMISSED with prejudice; Plaintiff's ADA claims are hereby DISMISSED against Defendants Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, with prejudice; Plaintiff's ADA claims are hereby DISMISSED without prejudice to Plaintiff bringing ADA claims against a proper defendant in the future; Plaintiff's demand for punitive damages under the ADA is hereby DISMISSED with prejudice; and Plaintiff's demand for compensatory and injunctive relief under the ADA ishereby DISMISSED without prejudice. Signed by Senior Judge Thomas J. McAvoy on June 28, 2017. (Copy served via regular and certified mail to the plaintiff at 500 16th St., Apt. 203, Watervliet, NY 12189, parcel no. 7014 1200 0001 3023 0725)(rep)
June 28, 2017
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JUDGMENT: in favor of the defendants and against Thomas J. Moran. IT IS ORDERED AND ADJUDGED That the Report-Recommendation of Magistrate Judge Christian F. Hummel is adopted and that Plaintiff's Title VII claims are hereby DISMISSED with prejudice; Plaintiffs ADA claims are hereby DISMISSED against Defendants Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, with prejudice; Plaintiffs ADA claims are hereby DISMISSED without prejudice to Plaintiff bringing ADA claims against a proper defendant in the future; Plaintiffs demand for punitive damages under the ADA is hereby DISMISSED with prejudice; and Plaintiffs demand for compensatory and injunctive relief under the ADA is hereby DISMISSED without prejudice. (Copy served via regular and certified mail to the plaintiff at 500 16th St., Apt. 203, Watervliet, NY 12189, parcel no. 7014 1200 0001 3023 0725) (rep)