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17-1251 - Royal v. Shulkin


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17-1251 - Royal v. Shulkin
January 5, 2018
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ORDER AND REPORT-RECOMMENDATION: It is ORDERED that actions 1:17-cv-1251 and 1:17-cv-1252 be CONSOLIDATED, with the lead case being Royal v. Shulkin, 1:17-CV-1251. Additionally, it is ORDERED that any future papers in the above cases be filed under 1:17-CV-1251. It is ORDERED, that 1:17-CV-1252 be REASSIGNED to Chief U.S. District Judge Glenn T. Suddaby, and it is further ORDERED that Plaintiff's # 2 MOTION for Leave to Proceed in forma pauperis be GRANTED. It is RECOMMENDED that plaintiff's claim under the Age Discrimination in Employment Act be DISMISSED without prejudice as noted further within the Order, and it is RECOMMENDED that plaintiff's Title VII race discrimination claim be permitted to proceed, and that plaintiff's disability discrimination claim be interpreted as if brought pursuant to the Rehabilitation Act and also be permitted to proceed. It is ORDERED that service of the complaint and summonses be held in abeyance until plaintiff either submits an amended complaint or, if applicable, the time the District Judge provides for plaintiff to submit an amended complaint expires; and it is further ORDERED, that if the District Judge, after his review of this Report-Recommendation and Order, permits plaintiff to file an amended complaint, and plaintiff files an amended complaint, the Clerk of the Court return this case to the Magistrate Judge for review of the sufficiency of the amended complaint and for service. It is ORDERED that that the Clerk of the Court serve this Report-Recommendation and Order on plaintiff in accordance with the Local Rules. Pursuant to 28 U.S.C. ยง 636(b)(1), parties may lodge written objections to the foregoing report. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Signed by Magistrate Judge Christian F. Hummel on January 5, 2018. (Objections to R&R due by 1/22/2018, Case Review Deadline 1/26/2018), Motions terminated: # 2 MOTION for Leave to Proceed in forma pauperis filed by Anthony Royal.{Copy sent to the pro se plaintiff via regular mail at 67 Broad Street, Apt. 102, Albany, NY 12202}(rep)
March 8, 2018
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DECISION AND ORDER accepting and adopting #5 Magistrate Judge Hummel's Report and Recommendation in its entirety. Plaintiff's claims under the ADEA are dismissed without prejudice, and that within 30 days of the date of this Decision and Order, Plaintiff may submit an Amended Complaint which corrects the pleading deficiencies identified in the Report and Recommendation, and which supercedes and replaces the Complaints filed in these actions in all respects. Plaintiff's Title VII race discrimination claim shall be permitted to proceed, and Plaintiff's disability discrimination claim (which is characterized as having been brought pursuant to Title VII) shall be construed as if brought pursuant to the Rehabilitation Act, and shall also be permitted to proceed. Service of the complaint and summonses be held in abeyanceuntil plaintiff either submits an amended complaint or after 30 days from the date of this Decision and Order expires. If plaintiff files an amended complaint, the Clerk of the Court shall return this case to the Magistrate Judge for review of the sufficiency of the amended complaint and for service. All papers filed in the future should be made in the Lead case 1:17-cv-1251 only. Signed by Chief Judge Glenn T. Suddaby on 3/8/18. (lmw) (Copy served upon pro se plaintiff via regular mail)