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15-1283 - Medina v. Cuomo et al


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15-1283 - Medina v. Cuomo et al
November 9, 2015
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ORDER AND REPORT-RECOMMENDATION: Ordered that Pltf's 2 MOTION for Leave to Proceed in forma pauperis is granted. Recommending: that Pltf's 1 Complaint be dismissed and that all of Pltf's federal claims against Defts Cuomo and Skelos be dismissed; District Court declines to exercise supplemental jurisdiction; Pltf be granted leave to amend his complaint. Objections to R&R due by 11/27/2015, Case Review Deadline 11/30/2015. Signed by Magistrate Judge Therese Wiley Dancks on 11/9/15. [Served by mail.](sfp, )
February 25, 2016
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DECISION AND ORDER granting #9 Plaintiff's motion to include two summonses with his Complaint; and accepting and adopting #8 Magistrate Judge Dancks' Report-Recommendation in its entirety. All the federal claims asserted against Defendants Cuomo and Skelos in Plaintiff's complaint are dismissed with prejudice, and the state law and state constitution claims are dismissed without prejudice to their refiling in State Court, unless Plaintiff files an Amended Complaint within thirty (30) days of the date of this Decision and Order that asserts any viable federal claims that he may have against other, properly named individuals with regard to the alleged Jefferson County Sheriff's Department registration matter (i.e., the alleged failure to allow Plaintiff to use the address "homeless" when he performed his ninety-day registration and verification under New York Sex Offender Registration Act of 1995 in or about August 2015, and the alleged inclusion against his wishes of an incorrect address on the registration signed by him). Plaintiff's Amended Complaint must be a complete pleading that supersedes his original Complaint in all respects. Plaintiff's #3 Motion for Preliminary Injunction is denied. Signed by Chief Judge Glenn T. Suddaby on 2/25/16. (lmw)(Copy served upon plaintiff via regular mail)