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18-255 - Garvey v. Wegmans et al


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18-255 - Garvey v. Wegmans et al
April 12, 2018
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ORDER AND REPORT-RECOMMENDATION re 1 Complaint filed by Shaun Garvey, 3 MOTION to Appoint Counsel filed by Shaun Garvey, 2 MOTION for Leave to Proceed in forma pauperis filed by Shaun Garvey. ORDERED that Plaintiffs IFP Application (Dkt. No. 2) is GRANTED; and it is RECOMMENDED that Plaintiffs complaint (Dkt. No. 1) be DISMISSED IN ITS ENTIRETY on initial review pursuant to 28 U.S.C. § 1915(3)(2)(B); and it is further RECOMMENDED that dismissal of Plaintiffs § 1983 claims be WITH PREJUDICE AND WITHOUT LEAVE TO AMEND; and it is further RECOMMENDED that the Court decline to exercise supplemental jurisdiction over Plaintiffs state law negligence and false arrest claims; and it is hereby ORDERED that Plaintiffs motion for appointment of counsel (Dkt. No. 3) be DENIED WITHOUT PREJUDICE. Objections to R&R due by 4/30/2018 Case Review Deadline 5/3/2018. Signed by Magistrate Judge Therese Wiley Dancks on 4/12/2018. (Copy served via regular and certified)(khr, )
May 4, 2018
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DECISION and ORDER adopting Report and Recommendations re 5 Report and Recommendations. ORDERED that Plaintiffs complaint (dkt. # 1) is DISMISSED on initial review under 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A; and it is further ORDERED that dismissal of Plaintiffs § 1983 claims is WITH PREJUDICE AND WITHOUT LEAVE TO AMEND; and it is further ORDERED that dismissal of Plaintiffs state law negligence and false arrest claims is WITHOUT PREJUDICE to refiling in state court because the Court declines to exercise supplemental jurisdiction over these claims. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 5/4/2018. (Copy served via regular and certified mail)(khr)
May 7, 2018
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JUDGMENT in favor of Onondaga County Sheriff Department, Wegmans against Shaun Garvey. (Copy served via regular and certified mail) (khr)