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17-976 - Netti v. Ayers et al


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17-976 - Netti v. Ayers et al
October 5, 2017
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nd certified)(khr) ORDER and REPORT-RECOMMENDATIONS re 3 MOTION to Appoint Counsel filed by Grace Ann Netti, 5 Letter Motion for Grace Ann Netti requesting Case to filed under seal filed by Grace Ann Netti, 2 MOTION for Leave to Proceed in forma pauperis filed by Grace Ann Netti. ORDERED, that the plaintiffs motion to seal (Dkt. No. 5) is DENIED, and the Clerk is directed to UNSEAL THIS ACTION, and it is RECOMMENDED, that this complaint be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-ii) for failure to state a claim as against defendants 3RPM, INC. d/b/a HARRYS TIRE; AUGUSTINE; RIESTER;FERLENDA; BELL; and STATE FARM INSURANCE, and it is RECOMMENDED, that the complaint be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-ii) for failure to state a claim as against defendants AYERS; IACONA; FURLONG; and LONGO IN THEIR INDIVIDUAL CAPACITIES, and it is RECOMMENDED, that the complaint be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-ii) for failure to state a claim as against defendant STATE OF NEW YORK only with respect to claims under the ADA, and it is RECOMMENDED, that all section 1983 claims against the STATE OF NEW YORK be DISMISSED WITH PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2) (B) (iii), and it is RECOMMENDED, that if the District Court approves this recommendation, plaintiff be given thirty (30) days from the date of the District Judges Order within which to submit a proposed amended complaint which complies with the above Report, and it is RECOMMENDED, that if plaintiff files a proposed amended complaint within the time allotted or within any requested extension of time that the District Court approves, the proposed amended complaint be returned to me for further review, and it is RECOMMENDED, that if plaintiff does not file a proposed amended complaint within the above time limits, the complaint be dismissed with prejudice without further review by the court, and it is ORDERED, that if the District Judge approves this Recommendation, plaintiff I reminded that any amended complaint must be a complete pleading that replaces and supercedes the original. The original complaint will have no legal effect. Plaintiffs new proposed amended complaint may not incorporate by reference any part of her original complaint. In any amended complaint, plaintiff must clearly set forth the facts that give rise to her claim, including the dates, times, and places of the alleged underlying acts, and each individual who committed each alleged wrongful act.Objections to R&R due by 10/23/2017 Case Review Deadline 10/26/2017. Signed by US Magistrate Judge Andrew T. Baxter on 10/5/2017. (Copy served via regular a
February 9, 2018
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DECISION AND ORDER accepting and adopting #6 Magistrate Judge Baxter's Report and Recommendation in its entirety. Plaintiff's Complaint is sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii) for failure to state a claim upon which relief can be granted, except for Plaintiff's claims against Defendant State of New York under the Americans with Disabilities Act (ADA), which shall be dismissed with prejudice without further notice of the Court unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint correcting the pleading defects in those ADA claims in accordance with the instructions in the Report-Recommendation. Plaintiff's Amended Complaint may not assert any of the aforementioned claims that are hereby being dismissed with prejudice (i.e., any claims other than her claims against Defendant State of New York under the ADA); and should Plaintiff file an Amended Complaint within the referenced thirty (30) day time period, it shall be referred to Magistrate Judge Baxter for review. Signed by Chief Judge Glenn T. Suddaby on 2/9/18. (lmw) (Copy served upon Pro Se Plaintiff via regular mail)