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16-1186 - Krowicki et al v. Sayemour et al


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16-1186 - Krowicki et al v. Sayemour et al
October 5, 2016
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y the court, the case be DISMISSED WITH PREJUDICE, and it is RECOMMENDED, that if plaintiffs file a proposed amended complaint, the court send it back to me for my review, and it is ORDERED, that the Clerk serve a copy of this Order on the pro se plaintiffs. Pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec. of Health & Human Servs., 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 63(b)(1); Fed. R. Civ. P. 6(a), 6(e), 72. Signed by US Magistrate Judge Andrew T. Baxter on October 5, 2016. (khr) Modified on 10/6/2016 (khr, ).ORDER and REPORT-RECOMMENDATION granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to Proceed in forma pauperis. ORDERED, that plaintiffs applications to proceed IFP (Dkt. Nos. 2, 3) are GRANTED FOR PURPOSES OF FILING, and it is RECOMMENDED, that the complaint be DISMISSED WITH PREJUDICE as to any HIPAA claims and as to any Fourth Amendment claims brought by the current plaintiffs, and it is RECOMMENDED, that the remainder of the complaint be DISMISSED WITHOUT PREJUDICE for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), and it is RECOMMENDED, that if the District Court approves this recommendation, the court afford plaintiffs forty-five (45) days from the date of its order within which to file a proposed amended complaint for the courts review or ask for a reasonable extension of time to do so, and it is RECOMMENDED, that if plaintiffs fail to file a proposed amended complaint by the assigned date or by any date extended b
June 28, 2017
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DECISION and ORDER adopting Report and Recommendations re 6 Report and Recommendation. ORDERED that Plaintiffs' HIPPA claims and Fourth Amendment claims are DISMISSED with prejudice; the remainder of plaintiffs' complaint is DISMISSED without prejudice; and the file is referred back to Magistrate Judge Baxter for review of plaintiffs' proposed amended complaint. IT IS SO ORDERED. Signed by Judge David N. Hurd on June 28, 2017. (Copy served via regular and certified mail) (khr)