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16-514 - Schisler et al v. M & T Bank et al


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16-514 - Schisler et al v. M & T Bank et al
May 24, 2016
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ORDER and REPORT AND RECOMMENDATION re 1 Complaint filed by Annette M. Dow and William G. Schisler, Sr. ORDERED that pltfs' 3 MOTION for Leave to Proceed in forma pauperis is GRANTED FOR PURPOSES OF FILING ONLY; RECOMMENDED that pltfs' 1 complaint be DISMISSED IN ITS ENTIRETY WITH LEAVE TO AMEND for lack of subject matter jurisdiction and for failure to state a claim pursuant to 28 U.S.C. 1915(e); and that the Clerk provide to pltfs a copy of this Order & Report-Recommendation, along with a copy of the unpublished decision herein, in accordance with Lebron v. Sanders, 557F.3d 76 (2d Cir. 2009) (per curiam). ( Objections to R&R due by 6/10/2016, Case Review Deadline 6/14/2016) Signed by Magistrate Judge Therese Wiley Dancks on 5/24/2016. (see)
January 30, 2018
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DECISION & ORDER that the 5 Report and Recommendation of Magistrate Judge Therese Wiley Dancks is accepted in whole; that this action shall be DISMISSED pursuant to 28 U.S.C. 1915(e) unless, within 30 days of the date of this Decision and Order pltf's file an amended complaint that corrects the pleading defects identified in the Report-Recommendation; that if pltfs file an amended complaint within the referenced 30 day period, then the amended complaint shall be referred to Magistrate Judge Baxter for his review; and if, however, pltfs fail to file an amended complaint within the referenced 30 day period, then this action shall be dismissed without further Order. Signed by Judge David N. Hurd on 1/30/2018. (Copy served upon Annette M. Dow and William G. Schisler, Sr. via regular mail on 1/30/2018)(see)
March 9, 2018
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DECISION & ORDER that the document filed by pltfs as the "amended complaint" (Dkt. No. 14) is STRICKEN as not in compliance with Judge Hurd's January 30, 2018 Order, and thus, the action is still DISMISSED IN ITS ENTIRETY in accordance with Judge Hurd's Order and for failure to file an amended complaint. Signed by US Magistrate Judge Andrew T. Baxter on 3/9/2018. (Copy served upon William G. Schisler, Sr. and Annette M. Schisler via regular and certified mail on 3/9/2018)(see)