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15-826 - Leeks et al v. Amberge et al

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15-826 - Leeks et al v. Amberge et al
October 6, 2015
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SMISSED in its entirety, with leave to replead within thirty days from the date of an order approving this recommendation. NOTICE: Pursuant to 28 U.S.C. § 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. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993). Objections to R&R due by 10/23/2015. Signed by Magistrate Judge David E. Peebles on 10/6/2015. (khr) [Mailed copy to pro se plaintiffs via regualr mail on 10/6/2015] Modified on 1/19/2016 to indicate plaintiff's IFP's were granted (sal).REPORT,RECOMMENDATION AND ORDER : ORDERED that plaintiffs' 2 MOTION for Leave to Proceed in forma pauperis and 3 MOTION for Leave to Proceed in forma pauperis are GRANTED. RECOMMENDED that plaintiffs' complaint in this action be DI
January 15, 2016
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DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs claims under HIPPA are DISMISSED for failure to state a claim as a matter of law; and it is further ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. §1915(e), with leave to replead Plaintiffs constitutional claims within thirty (30) days of this Order. Plaintiffs failure to file an amended complaint within thirty (30) days of the filing date of this Order will result in the dismissal of this action. Signed by Senior Judge Lawrence E. Kahn on January 15, 2016.***A copy of this order was served upon the pro se party by Certified US Mail & Regular US Mail. (sas)