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17-286 - Smith v. Pines et al


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17-286 - Smith v. Pines et al
May 11, 2017
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REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Timothy Smith. ORDERED that plaintiff's motion for leave to proceed without prepayment of fees (Dkt. No. 2) is GRANTED; and it is further hereby respectfully RECOMMENDED that plaintiff's claims in this action be DISMISSED with leave to replead within thirty days of the date of any order adopting this report and recommendation, except as to defendants Pines and Lanouette, who should both be dismissed from the action without leave to replead. Objections to R&R due by 5/30/2017 Case Review Deadline 6/1/2017 Signed by Magistrate Judge David E. Peebles on May 11, 2017. (Copy served via regular and certified)(khr)
June 16, 2017
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DECISION AND ORDER accepting and adopting # 4 Magistrate Judge Peebles' Report and Recommendation in its entirety. Plaintiffs claims against Defendants Tkach and Eaves in his original Complaint are deemed to be formally defective and in need of correction through an Amended Complaint or they will be DISMISSED with prejudice. Plaintiffs claims against Defendants Pines and Lanouette in his original Complaint are deemed to be substantively defective and not capable of reassertion. The Clerk of the Court shall amend the docket so as to TERMINATE Spero Pines and Ronald Lanouette as Defendants in this action, but to ADD as Defendants the additional entities and individuals identified in the Amended Complaint (i.e., the Broome County Department of Social Services, Traci Ziegenhagen, Katrina Tokos, Julia Hepworth, Jessica Layman, Susan Patterson, Marissa Carter, Kathleen Santoni, John Choynowski, Jon Peterson, and Berskshire Farm Center). Plaintiffs Amended Complaint (Dkt. No. 5) is returned to Magistrate Judge Peebles for his review pursuant to 28 U.S.C. ยง 1915(e). SO ORDERED by Chief Judge Glenn T. Suddaby on 6/16/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
July 13, 2017
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REPORT AND RECOMMENDATIONS re 5 Amended Complaint filed by Timothy Smith. RECOMMENDED that plaintiff's amended complaint (Dkt. No. 5) be accepted for filing and all defendants, except for defendant Department of Social Services, be directed to respond to plaintiff's Fourth and Fourteenth Amendment claims; and it is further RECOMMENDED that all claims asserted against defendant Department of Social Services be DISMISSED and that the clerk of the court terminate the Department of Social Services as a defendant; and it is further RECOMMENDED that plaintiff's Fifth Amendment claim asserted against all defendants be DISMISSED. Objections to R&R due by 7/31/2017 Case Review Deadline 8/3/2017. Signed by Magistrate Judge David E. Peebles on July 13, 2017. (Copy served via regular mail) (khr)
August 30, 2017
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DECISION and ORDER adopting Report and Recommendations re 7 Report and Recommendations. ORDERED that Magistrate Judge Peebles Report-Recommendation (Dkt. No. 7) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that all claims asserted against Broome County Defendant Department of Social Services (DSS) are DISMISSED, and the Clerk of Court shall terminate DSS from this action; and it is further ORDERED that Plaintiffs Fifth Amendment claim asserted against all Defendants is DISMISSED; and it is further ORDERED that Plaintiffs Fourth and Fourteenth Amendment claims survive the Courts sua sponte review of Plaintiffs Amended Complaint, and the Clerk of Court shall issue Summonses and forward them, along with copies of the Amended Complaint, to the U.S. Marshal for service upon Defendants John Tkach, Ticia Eaves, Traci Ziegenhagen, Katrina Tokos, Julia Hepworth, Jessica Layman, Susan Patterson, Marissa Carter, Kathleen Santoni, John Choynowski, Jon Peterson, and Berkshire Farm Center, who are directed to respond in accordance with the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on August 30, 2017. (Copy served via regular and certified mail)(khr)