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17-391 - Brennan v. Benke et al


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17-391 - Brennan v. Benke et al
May 2, 2017
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REPORT-RECOMMENDATION AND ORDER: It is hereby ORDERED that the Plaintiff's # 2 Application for leave to proceed in this action without prepayment of fees is GRANTED; it is ORDERED that the clerk is direction to adjust the court's records to reflect the correct spelling of Behnke's name; and it is RECOMMENDED that the Plaintiff's # 1 Complaint in this action be DISMISSED. Pursuant to 28 U.S.C. ยง 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections must be filed with the clerk of the court within FOURTEEN days of service of this report. FAILURE TO SO OBJECT TO THIS REPORT WILL PRECLUDE APPELLATE REVIEW. It is hereby ORDERED that the clerk of the court serve a copy of this report, recommendation, and order upon the parties in accordance with this court's local rules. Signed by Magistrate Judge David E. Peebles on May 2, 2017. (Objections to R&R due by 5/19/2017, Case Review Deadline 5/23/2017), Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Kevin Joseph Gabriel Brennan. (A copy served on the pro se plaintiff via regular mail at 319 Exchange Avenue, Townhouse #20, Endicott, NY 13760. The clerk also adjusted the docket to reflect the proper spelling of Defendant Behnke's name).(rep)
July 5, 2017
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DECISION AND ORDER: Adopting the # 5 Report and Recommendations and DISMISSING the # 1 Complaint in its entirety. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on July 5, 2017. (Copy served via regular and certified mail on the pro se plaintiff at 319 Exchange Avenue, Townhouse #20, Endicott, NY 13760. Parcel No. 7014 1200 0001 3023 0732).(rep)
July 6, 2017
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CIVIL JUDGMENT: IT IS ORDERED AND ADJUDGED That the Report and Recommendation is ADOPTED and the Complaint is DISMISSED in its entirety. (Copy served via regular and certified mail on the pro se plaintiff at 319 Exchange Avenue, Townhouse #20, Endicott, NY 13760. Parcel No. 7014 1200 0001 3023 0732). (rep)