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15-1007 - Busby v. Syracuse City School District


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15-1007 - Busby v. Syracuse City School District
August 20, 2015
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ORDER AND REPORT-RECOMMENDATION: It is ORDERED that plaintiff's # 2 MOTION for Leave to Proceed in forma pauperis is GRANTED for purposes of this Order and Report-Recommendation only. It is RECOMMENDED that this action be DISMISSED IN ITS ENTIRETY for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B) (ii). It is RECOMMENDED that if this court adopts this Report-Recommendation, that prior to dismissal, the plaintiff be afforded the opportunity to file a proposed amended complaint within thirty (30) days of the date of the order approving this recommendation. It is RECOMMENDED that if plaintiff does file a proposed amended complaint that the Clerk be directed to forward the proposed amended complaint to Judge Baxter for initial review. It is RECOMMENDED that if plaintiff fails to file a proposed amended complaint or fails to ask for an extension of time to file a proposed amended complaint, the Court DISMISS THE ACTION WITH PREJUDICE. It is further ORDERED that plaintiff's # 3 MOTION to Appoint Counsel is DENIED WITHOUT PREJUDICE. (Objections to R&R due by 9/8/2015, Case Review Deadline 9/10/2015) Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/20/2015. [Copy served upon pro se plaintiff via regular mail.] (mc)
October 5, 2015
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ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its entirety; 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)(2)(B)(ii); and it is further ORDERED, that the Clerk of the Court forward the proposed Amended Complaint (Dkt. No. 6) to U.S. Magistrate Judge Andrew T. Baxter for initial review. Signed by Senior Judge Lawrence E. Kahn on October 5, 2015.***A copy of this order was served upon the pro se plaintiff by regular US mail. (sas) Modified on 10/5/2015 to note service on pro se party (sas).
April 17, 2017
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MEMORANDUM-DECISION AND ORDERED, that the Districts Motion for Summary Judgment (Dkt. No. 31) is GRANTED and Busbys Amended Complaint (Dkt. No. 9) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on April 17, 2017. (Copy served via regular and certified mail)(sas)