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18-283 - Baurle et al v. Commissioner of New York State et al


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18-283 - Baurle et al v. Commissioner of New York State et al
April 18, 2018
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ORDER and REPORT-RECOMMENDATION: ORDERED: that Pltf Kelly Baurle's 7 Motion to proceed IFP is granted; that Pltf Mark Booth's 9 Motion to proceed IFP is granted; that Pltfs' 8 Motion for appt of counsel is denied. Also ORDERED, is for the Clerk to correct the docket sheet to reflect the correct parties as indicated on pages 2 & 3 of this Order. RECOMMENDED: that the entire complaint be dismissed without leave to amend as frivolous and for failure to state a claim as to pltfs Kelly Baurle, Stephanie Baurle, Ryan Kilts, and Mark Booth. Also RECOMMENDED is that the entire complaint be dismissed without prejudice as to minor pltfs CK, NB, and AB. The parties have 14 within in which to file written objections to this report. ( Objections to R&R due by 5/7/2018, Case Review Deadline 5/9/2018). Signed by US Magistrate Judge Andrew T. Baxter on 4/18/18. (Copy served via regular mail)(sfp, )
May 10, 2018
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ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED with prejudice with respect to any claims brought on behalf of Kelly Baurle, Stephanie Baurle, Ryan Kilts, and Mark Booth; and it is further ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED without prejudice with respect to any claims brought on behalf of minor plaintiffs C.K., N.B., and A.B.; and it is further ORDERED, that if Plaintiffs wish to proceed with this action on behalf of minor plaintiffs C.K., N.B., and A.B., they must secure representation from an attorney and file an amended complaint, as described in the Report-Recommendation, within thirty days of missing this action without prejudice Signed by Senior Judge Lawrence E. Kahn on May 10, 2018. (Copy served via regular mail)(sas)the filing date of this Order; and it is further ORDERED, that in the event Plaintiffs fail to file a signed amended complaint within thirty days of the filing date of this Order, the Clerk shall enter judgment without further order of this Court dis