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09-412 - Groves v. The State of New York et al


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09-412 - Groves v. The State of New York et al
March 1, 2010
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ORDER and REPORT AND RECOMMENDATIONS. RECOMMENDED that 7 MOTION to Dismiss be GRANTED and that plaintiff's claims for deprivations of due process and adequate medical care and those against defendants Hogan, Nowicki, and Sawyer be DISMISSED, with leave to amend, and that plaintiff's claim for violation of the Sixth Amendment as well as those against the State of New York, the CNYPC and the OMH be DISMISSED, without leave to replead. ORDERED, that pending a determination by the assigned district judge with respect to this report, and the plaintiff's filing of an amended complaint, discovery in this action is hereby STAYED. ( Objections to R&R due by 3/15/2010, Case Review Deadline 3/22/2010). Signed by Magistrate Judge David E. Peebles on 3/1/10. {order/report-recommendations served via regular mail on all non-ecf parties}(nas)
March 26, 2010
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ORDER, that the Report-Recommendation of Magistrate Judge David E. Peebles filed March 1, 2010 is ACCEPTED in its entirety for the reasons state therein, ORDERED, that defendants' motion to dismiss (Dkt. No. 7) is GRANTED and that plaintiff's claims for deprivations of due process and adequate medical care and those against defendants Hogan, Nowicki, and Sawyer is DISMISSED, with leave to amend, and that plaintiff's claim for violation of the Sixth Amendment as well as those against the State of New York, the CNYPC and the OMH is DISMISSED without leave to replead. ORDERED, that if Groves wishes to proceed with this action, he must file an amended complaint, which complies the terms of this Order, within thirty (30) days from the filing date of this Order; ORDERED that should Groves fail to comply with the terms of this Order, within the time period specified above, the Clerk shall enter judgment dismissing this action without prejudice without further Order of this Court. Signed by Judge Gary L. Sharpe on 3/26/10. (Attachments: # (1) copy of report-recommendations) {order served via regular mail on (nas, )