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15-1382 - Brant v. City of Syracuse et al


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15-1382 - Brant v. City of Syracuse et al
December 7, 2015
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ORDER & REPORT-RECOMMENDATION: Re:1 Complaint filed by Christopher Brant. Ordered that Plaintiff's IFP Application (Dkt. No. 3) is Granted; Recommended that the Complaint (Dkt. No. 1) be Dismissed without prejudice and with leave to amend; Ordered that Plaintiff's motion for appointment of counsel (Dkt. No. 2) is Denied without prejudice and Ordered that the Clerk serve a copy of this Order and Report-Recommendation on Plaintiff, along with a copy of the unpublished decision Thompson v. Campbell, No. 9:09-CV-1379 (GLS/DRH), 2010 WL 2483290, 2010 U.S. Dist. Lexis 55249 (June 4, 2010), in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir.2009) (per curiam). (Objections to R&R due by 12/24/2015, Case Review Deadline 12/28/2015) Motions terminated: 2 MOTION to Appoint Counsel filed by Christopher Brant, 3 MOTION for Leave to Proceed in forma pauperis filed by Christopher Brant.Signed by Magistrate Judge Therese Wiley Dancks on 12/7/2015. (hmr)
January 5, 2016
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SUMMARY ORDER - That Judge Dancks' 7 Report-Recommendation is ADOPTED IN ITS ENTIRETY. That the complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE. That, if Brant fails to file an amended complaint within thirty (30) days for the date of this Summary Order, the Clerk shall close the case without further order of the court. Signed by Judge Gary L. Sharpe on 1/5/2016. (jel, ) Modified on 1/6/2016 (jel, ).