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16-997 - Rivera v. Federal Bureau of Investigation et al


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16-997 - Rivera v. Federal Bureau of Investigation et al
September 13, 2016
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ORDER AND REPORT-RECOMMENDATION: It is ORDERED that Plaintiff's consolidated # 2 IFP application be GRANTED. It is RECOMMENDED that Plaintiff's # 1 Complaint be DISMISSED on initial review under 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) in part on sovereign immunity grounds, in part as frivolous, and in part for failure to state a claim. It is further RECOMMENDED that Plaintiff's claims against Defendants under the Second, Third, Eighth, Ninth, and Tenth Amendments and under 15 U.S.C. §§ 2, 13; 17 U.S.C. §§ 5, 11; and 18U.S.C. §§ 241, 242, 245, 247, and 249, and Bivens claims against the FBI and against Defendants Comey, Vale, Rodriguez, and Venizelos in their official capacities be DISMISSED WITHOUT PREJUDICE. It is further RECOMMENDED that the following claims be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND: (1) Bivens claims, if any, for money damages against Comey, Vale, Rodriguez, and Venizelos in their individual capacities; (2) claims for injunctive relief against the FBI, Comey, Vale, Rodriguez, and Venizelos; and (3) Plaintiff's § 1983 claim against Defendant Schneiderman. It is further RECOMMENDED that in the event Plaintiff is granted leave to amend that he be instructed to include all of his claims in a single amended complaint which shall supercede and replace his two original complaints in their entirety; and that he include in his amended complaint factual allegations describing the incidents of alleged wrongdoing and the role of each named defendant therein sufficiently to allow the Court to assess whether a plausible claim has been stated against them. It is hereby ORDERED that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with a copy of the unpublished decision in Lopez-Media v. Lynch, No. 1:16-CV-549 (T.B.), 2016 WL 2937479 (S.D. Ohio Wester Division May 20, 2016) in accordance with the Second Circuits decision in LeBron v. Sanders, 557 F.3d 76 (2d Cir. 2009). (Objections to R&R due by 9/30/2016, Case Review Deadline 10/4/2016) Signed by Magistrate Judge Therese Wiley Dancks on 9/13/2016. [Copy of this Order and Report-Recommendation and the unpublished decision served upon pro se plaintiff via regular mail.] (mc)
October 17, 2016
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ORDER: that the 5 Order and Report-Recommendation is hereby adopted in its entirety; that the Plaintiff's complaints (Dkt. Nos. 1 and [1-1] are Dismissed on initial review under 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) in part on sovereign immunity grounds, in part as frivolous, and in part for failure to state a claim; that Plaintiff's claims against Defendants under the Second, Third, Eighth, Ninth, and Tenth Amendments and under 15 U.S.C. §§ 2, 13,; 17 U.S.C. §§ 5, 11; and 18 U.S.C. §§ 241, 242, 245, 247, and 249, and Bivens claims against the FBI and against Defendants Comey, Vale, Rodriguez and Venizelos in their official capacities are Dismissed with Prejudice. The following claims are Dismissed without prejudice and with leave to amend: (1) Bivens claims, if any, for money damages against Comey, Vale, Rodriguez, and Venizelos in their individual capacities; (2) claims for injunctive relief against the FBI, Comey, Vale, Rodriguez, and Venizelos; and (3) Plaintiff's 1983 claim against Defendant Schneiderman; that if plaintiff wishes to proceed with the claims referenced in the previous paragraph he must file an amended complaint within thirty (30) days from the date of filing of this order; that if plaintiff chooses to file an amended complaint, he should include all of his claims in a single amended complaint which shall supercede and replace his two original complaints in their entirety; and that he include in his amended complaint factual allegations describing the incidents of alleged wrongdoing and the role of each named defendants therein sufficiently to allow the Court to assess whether a plausible claim has been stated against them and that the Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. Signed by Senior Judge Norman A. Mordue on 10/17/2016. (hmr)
January 3, 2018
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ORDER AND REPORT-RECOMMENDATION: It is RECOMMENDED that Plaintiff's # 7 Amended Complaint be sua sponte DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. 1915(e)(2)(B)(i). It is further RECOMMENDED that Plaintiff's # 8 Motion for transfer of venue to the Southern District of New York be DENIED AS MOOT. It is ORDERED that the Clerk of the Court provide Plaintiff with a copy of this Order and Report-Recommendation, along with a copy of the unpublished decision in Samuel v. Bloomberg, No. 13-CV-6027, 2013 WL 5887545 (E.D.N.Y. Oct. 31, 2013), in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). (Objections to R&R due by 1/22/2018; Case Review Deadline 1/24/2018.) Signed by Magistrate Judge Therese Wiley Dancks on 1/3/2018. [Copy of this Order and Report-Recommendation and the unpublished decision served upon pro se plaintiff via regular mail.](mc)
March 23, 2018
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MEMORANDUM-DECISION AND ORDER: It is ORDERED that Magistrate Judge Dancks's Report-Recommendation (Dkt. No. 9) is ADOPTED in all respects. It is further ORDERED that the Amended Complaint (Dkt. No. 7) is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i). It is further ORDERED that Plaintiff's Motion to Transfer Venue (Dkt. No. 8) is DENIED as moot. It is further ORDERED that Plaintiff's Motion to "reconsider previous reports and recommendations" (Dkt. No. 13) is DENIED. It is further ORDERED that the Clerk of the Court is directed to serve this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York and to serve Plaintiff by both regular mail and certified mail, return receipt requested. Signed by Senior Judge Norman A. Mordue on 3/23/2018. [Copy served upon pro se plaintiff via regular and certified mail.](mc)
March 23, 2018
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JUDGMENT: It is ORDERED that Magistrate Judge Dancks's Report-Recommendation is ADOPTED in all respects. It is further ORDERED that the Amended Complaint is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i). It is further ORDERED that Plaintiff's Motion to Transfer Venue is DENIED as moot. It is further ORDERED that Plaintiff's Motion to "reconsider previous reports and recommendations" is DENIED. [Copy served upon pro se plaintiff via regular and certified mail.] (mc)