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17-1138 - Williams v. Richards et al


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17-1138 - Williams v. Richards et al
January 12, 2018
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REPORT-RECOMMENDATION AND ORDER: It is hereby ORDERED that plaintiff's in forma pauperis application (Dkt. No. 2) is granted for purposes of filing. It is RECOMMENDED that plaintiffs claims injunctive and declaratory relief beDISMISSED in their entirety, without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 26 U.S.C. § 1915A(b)(1), for failure to state a claim upon which relief may be granted, and that plaintiff may only renew such action upon demonstrating that the underlying criminal indictment, or, if applicable, conviction, has been overturned or is otherwise invalidated. It is ORDERED that the Clerk of the Court serve this Report-Recommendation and Order on plaintiff in accordance with the Local Rules. Pursuant to 28 U.S.C. § 636(b)(1), the plaintiff has 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 (14) DAYS WILL PRECLUDE APPELLATE REVIEW. (Objections to R&R due by 1/29/2018, Case Review Deadline 2/2/2018), Motion terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Shaka D. Williams. Signed by Magistrate Judge Christian F. Hummel on 1/12/2018. (Attachments: # (1) Unpublished decisions)(Copy served on pro se plaintiff via regular mail at Orleans Correctional Facility, 3531 Gaines Basin Road, Albion, NY 14411.)(meb)
February 9, 2018
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DECISION AND ORDER accepting and adopting #9 Magistrate Judge Hummel's Report and Recommendation in its entirety. Plaintiff's Complaint is sua sponte dismissed without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and 26 U.S.C. § 1915A(b)(1), and that Plaintiff may refile this action only upon demonstrating that the underlying criminal indictment (or, if applicable, conviction) has been overturned or is otherwise invalidated. Signed by Chief Judge Glenn T. Suddaby on 2/9/18. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)