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09-983 - O'Neil et al v. Ponzi-Flett et al


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09-983 - O'Neil et al v. Ponzi-Flett et al
September 9, 2009
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REPORT AND RECOMMENDATION AND ORDER: RECOMMENDED that M.O. be DISMISSED as a plaintiff from both cases and itis further RECOMMENDED that Plaintiff Aimee O'Neil may file one amended complaint in each case within thirty(30) days of the filing date of any Order(s) adopting this Report and Recommendation. If Plaintiff Aimee O'Neil fails to timely file an amended complaint in case no. 5:09-CV-983 and case no. 5:09-CV-985, the Clerk shall enter judgment dismissing that case without further order of this Court due to Plaintiff Aimee O'Neil's failure to comply with the terms of any Order adopting this Report and Recommendation. RECOMMENDED, that upon the filing of an amended complaint, the file be returned to the Court for further review. The 2 informa pauperis applications are GRANTED. The letter requests are 3 DENIED as premature. The Clerk is directed to serve copies of this Report-Recommendation&Order on plaintiffs. Objections to R&R due by 9/23/2009 Case Review Deadline 9/29/2009. (Served copy upon plaintiffs by regular mail) Signed by Magistrate Judge George H. Lowe on 9/9/09. (dmf, )
October 22, 2009
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MEMORANDUM DECISION&ORDER adopting #5 Report and Recommendation in is entirety; directing the clerk to rename docket #6 as Plaintiff's "Amended and Supplemental Complaint;" directing the file to be returned to Magistrate Judge Lowe for review of the Amended and Supplemental Complaint for compliance with the Federal Rules of Civil Procedure; directing the clerk's office to terminate Action 5:09-cv-985 as it was opened in error and is duplicative of Action 5:09-cv-983; and directing the the clerk's office to correct the docket sheet in this action to reflect the only two defendants identified in the amended and supplemental complaint: (1) Floyd Weeno Ponzi, with party text as Owner of Deluxe Painting; and (2) Mary Ponzi-Flett with party text as Oswego County Legislator, County of Oswego. Defendant Oswego County Legislature and Defendant County of Oswego were entered as defendants in error and the Clerk is directed to delete these defendants from the docket.Signed by Judge Glenn T. Suddaby on 10/22/09. (lmw) (Copy served upon pro se plaintiff via regular mail)
November 23, 2009
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REPORT AND RECOMMENDATIONS - it is recommended that the 6 Amended Complaint, filed by Aimee O'Neil be dismissed. Service via USPS upon non-electronic parties. Objections to R&R due by 12/8/2009 Case Review Deadline 12/14/2009. Signed by Magistrate Judge George H. Lowe on 11/23/09. (mnm)
February 9, 2010
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DECISION&ORDER - Magistrate Lowe's Report and Recommendations 8 is accepted and adopted in its entirety. The plaintiff's Amended and Supplemental Complaint 6 is sua spont dismissed with prejudice due to its frivolousness. The plaintiff's motion to stay the proceedings 9 Motion to Stay is denied. Any appeal take from the Court's final judgment in this action would not be taken in good faith. Signed by Judge Glenn T. Suddaby on 2/9/2010. Plaintiff served via USPS. (mnm)