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16-1312 - Ramos v. Rust


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16-1312 - Ramos v. Rust
December 8, 2016
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ORDER AND REPORT-RECOMMENDATION: Ordered, that Plaintiff's second IFP application (Dkt. No. 5) is Granted and Recommended, that Plaintiff's complaint (Dkt. No. 1) be Dismissed Without Prejudice and with Leave to Amend upon initial review under 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A for failure to state a claim and Ordered, that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with copies of the unpublished report and recommendation in Whitfield v. Inperatrice, No. 08 CV 3395 (CBA) (LB), 2010 WL 6032636 (E.D.N.Y. Sept. 17, 2010) and memorandum and order in Whitfield v. Inperatrice, No. 08 CV 3395 (CBA)(LB), 2011 WL 864703 (E.D.N.Y. March 9, 2011) in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam) re 1 Complaint filed by Ivan Ramos, 5 MOTION for Leave to Proceed in forma pauperis filed by Ivan Ramos ( Objections to R&R due by 12/27/2016, Case Review Deadline 12/29/2016), ORDER, Motions terminated: 5 MOTION for Leave to Proceed in forma pauperis filed by Ivan Ramos.Signed by Magistrate Judge Therese Wiley Dancks on 12/8/2016. (Copy of Order and Report-Recommendation, along with unpublished report and recommendations to pro se plaintiff served via regular mail on 12/8/2016.)(hmr)
February 2, 2017
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ORDER: The Court hereby ORDERS that Magistrate Judge Dancks' December 8, 2016 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court hereby ORDERS that Plaintiff's # 11 amended complaint is REFERRED to Magistrate Judge Dancks for review. Signed by Senior Judge Frederick J. Scullin, Jr. on 2/2/2017. [Copy served upon pro se plaintiff via regular mail.] (nmk)
February 9, 2017
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ORDER AND REPORT-RECOMMENDATION: re 11 Amended Complaint filed by Ivan Ramos: Recommended, that Plaintiff's amended complaint (Dkt. No. 11) be Dismissed with Prejudice as against Defendant Rust upon initial review for failure to state a claim; and it is further Recommended, that Plaintiff's amended complaint be Dismissed as against Defendant Culick, and that the dismissal be Without Prejudice, but Without Leave to Amend in this Action as to his Fourteenth Amendment due process claim, and Without Prejudice and with Leave to Amend as to his First Amendment access to courts claim. Ordered, that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009)(per curiam). Objections to R&R due by 2/27/2017 Case Review Deadline 3/2/2017 Signed by Magistrate Judge Therese Wiley Dancks on 02/09/2017. (Copy of the Order and Report-Recommendation, with copies of the attached unpublished decisions were served on pro se plaintiff via regular mail on 2/9/2017.)(hmr)
March 2, 2017
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ORDER: that Magistrate Judge Dancks' February 9, 2017 13 Order and Report-Recommendation is Accepted in its entirety for the reasons stated therein; that Plaintiff's Amended Complaint, see Dkt. No. 11, is Dismissed with prejudice as against Defendant Rust; that Plaintiff's Amended Complaint against Defendant Culick is Dismissed without prejudice, but without leave to amend as to his Fourteenth Amendment due process claim; that Plaintiff's Amended Complaint against Defendant Culick is Dismissed without prejudice and with leave to amend as to his First Amendment access-to-courts claim; that if Plaintiff wishes to proceed with his First Amendment access-to-courts claim, he must file a signed amended complaint that cures the pleading defects that Magistrate Judge Dancks identified in her February 9, 2017 Order and Report-Recommendation; that, upon Plaintiff's full compliance with this Order, the Clerk of the Court shall return the file to this Court for further review; that, if Plaintiff fails to comply fully with the terms of this Order within thirty (30) days from its filing date, the Clerk of the Court shall enter Judgment indicating that this action is Dismissed with prejudice, without further order of this Court, pursuant to 28 U.S.C. 1915A(b), for failure to state a claim upon which relief may be granted and that the Clerk of the Court shall serve a copy of this Order on Plaintiff in accordance with the Local Rules. Signed by Senior Judge Frederick J. Scullin, Jr on 03/02/2017. (Copy served upon pro se plaintiff via regular mail on 3/2/2017.)(hmr)
April 17, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Plaintiff failed to comply fully with the Court's # 14 Order and failed to file a signed amended complaint. Therefore, this action is dismissed without prejudice, pursuant to 28 U.S.C. 1915A(b), for failure to state a claim upon which relief may be granted. [Copy served upon pro se plaintiff via regular mail.] (nmk)