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16-206 - Storey v. SUNY Potsdam et al


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16-206 - Storey v. SUNY Potsdam et al
February 1, 2017
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REPORT AND RECOMMENDATIONS re 10 Amended Complaint, filed by Jordan I. Storey.RECOMMENDED, that plaintiffs amended complaint (Dkt. No. 10) be DISMISSED IN ITS ENTIRETY WITH PREJUDICE AS TO PLAINTIFFS DUE PROCESS CLAIM (COA #2), pursuant to 28 U.S.C. § 1915(e)2)(B)(ii) for failure to state a claim, and it is RECOMMENDED, that plaintiffs FOIL and NEGLIGENCE - New York State Law Claims (COAs ## 1, 3), be DISMISSED WITHOUT PREJUDICE TO PLAINTIFF FILING HIS CLAIMS IN THE APPROPRIATE NEW YORK STATE COURT. Objections to R&R due by 2/21/2017 Case Review Deadline 2/22/2017. Signed by US Magistrate Judge Andrew T. Baxter on 2/1/2017. (Copy served via regular and certified)(khr)
March 8, 2017
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ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Storeys Amended Complaint (Dkt. No. 10) is DISMISSED in its entirety without leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and it is furtherORDERED, that Storeys Freedom of Information Law and negligence claims are DISMISSED without prejudice to Storeys bringing these claims in the appropriate New York state court. Signed by Senior Judge Lawrence E. Kahn on March 08, 2017. (Copy served via regular and certified mail)(sas)