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17-578 - Syfert v. City of Rome


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17-578 - Syfert v. City of Rome
August 7, 2017
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ORDER and REPORT-RECOMMENDATION re 1 Complaint and 2 MOTION for Leave to Proceed in forma pauperis filed by Mark Syfert. ORDERED that Plaintiff's 2 IFP Application is GRANTED and it is further RECOMMENDED that Plaintiff's 1 complaint be DISMISSED IN ITS ENTIRETY pursuant to 28 U.S.C. 1915 (e)(2)(B)(ii) for failure to state a claim. It is further RECOMMENDED that Plaintiff's time-barred claims, claims for conspiracy based upon the same, and Monell claims be dismissed with leave to amend. It is further RECOMMENDED that Plaintiff's claims for malicious prosecution and speedy trial, and claims for conspiracy based upon the same, be dismissed without leave to amend. (Objections to R&R due by 8/24/2017, Case Review Deadline 8/28/2017) Signed by Magistrate Judge Therese Wiley Dancks on 8/7/2017. (Copy served via regular and certified) (dpk)
November 9, 2017
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DECISION AND ORDER accepting and adopting #4 Magistrate Judge Dancks' Report and Recommendation in its entirety. The following claims in Plaintiff's Complaint are sua sponte DISMISSED with prejudice: (1) Plaintiff's malicious prosecution claims; (2) Plaintiffs claims for violation of his right to a speedy trial; and (3) Plaintiff's conspiracy claims related to his malicious prosecution claims and speedy trial claims. It is ordered that the following (remaining) claims in Plaintiff's Complaint shall be DISMISSED with prejudice UNLESS, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint curing the pleading defects in those claims identified by Magistrate Judge Dancks in the Report-Recommendation: (1) Plaintiff's claims based on mistreatment by officials of the City of Rome, claims based on the City of Rome's code enforcement policies and procedures, claims based on the City of Rome's plumbing and plumber licensing policies and procedures, and claims for conspiracy related to any of those claims, based on events occurring before May 24, 2014; (2) Plaintiff's conspiracy claims related to the above-referenced time-barred claims; (3) Plaintiff's municipal-liability claims pursuant to Monell. Should Plaintiff file an Amended Complaint, it shall be referred to Magistrate Judge Dancks for review; if however, Plaintiff fails to file an amended complaint within the thirty (30) day period, this action will be dismissed with prejudice without further Order of the Court. Signed by Chief Judge Glenn T. Suddaby on 11/9/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
February 12, 2018
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ORDER AND REPORT-RECOMMENDATIONS: It is RECOMMENDED that Plaintiff's amended complaint (Dkt. No. 9) be DISMISSED IN ITS ENTIRETY WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). It is ORDERED that Plaintiff's motion for appointment of counsel (Dkt. No. 10) is DENIED WITHOUT PREJUDICE. It is ORDERED that the Clerk serve a copy of this Order and Report-Recommendation on Plaintiff, along with a copies of the unpublished decision cited herein in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen 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. (Objections to R&R due by 3/1/2018, Case Review Deadline 3/5/2018), Motions terminated: 10 MOTION to Appoint Counsel. Signed by Magistrate Judge Therese Wiley Dancks on 2/12/2018. (Copy served on pro se plaintiff via regular mail at 422 W. Embargo St. #2, Rome, NY 13440.)(meb)
May 22, 2018
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issed with prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Chief Judge Glenn T. Suddaby on 5/22/18. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)DECISION AND ORDER denying #13 Plaintiff's second motion to appoint counsel; and accepting and adopting #11 Magistrate Judge Dancks' Report and Recommendation in its entirety. Plaintiff's #9 Amended Complaint is sua sponte dism