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16-1393 - Burdick v. Town of Schroeppel et al


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16-1393 - Burdick v. Town of Schroeppel et al
January 31, 2017
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ORDER AND REPORT-RECOMMENDATION: Ordered that Pltf's 2 MOTION for Leave to Proceed in forma pauperis is granted. It is Recommended: that Pltf's 9 Amended Complaint be dismissed without leave to amend; that Pltf's 1983 claims against Justice Nazarian, Judge Todd, Oswego County, and Town of Schroeppel be dismissed with prejudice; that the District Court decline to exercise supplemental jurisdiction over Pltf's state law claims.( Objections to R&R due by 2/17/2017, Case Review Deadline 2/21/2017). Signed by Magistrate Judge Therese Wiley Dancks on 1/31/17. [Served Pltf by reg. mail.](sfp, )
April 6, 2017
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ORDER adopting Report and Recommendations re 13 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Dancks' January 31, 2017 Order and Report-Recommendation (Dkt. No. 13) is ADOPTED to the extent consistent with this Order; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 9) is DISMISSED without leave to amend as barred under Heck v. Humphrey, 512 U.S. 477 (1994); and the Court further ORDERS that Plaintiff's 42 U.S.C. § 1983 claims against Justice Nazarian, Judge Todd, Lanza, Oswego County, and the Town of Schroeppel are DISMISSED with prejudice, with the exception of Plaintiff's Sixth Amendment right to a speedy trial claim, which is DISMISSED without prejudice; and the Court further ORDERS that Plaintiff's 18 U.S.C. §§ 241 and 242 claims against Defendants are DISMISSED with prejudice; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/6/17. (Copy served via regular and certified mail)(ban)