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15-1109 - McKithen v. Seery et al


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15-1109 - McKithen v. Seery et al
November 4, 2015
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DECISION AND ORDER: ORDERED that plaintiff's in forma pauperis application (Dkt. No. 5) is GRANTED. ORDERED that the following claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted: (1) claims against Chuttey for verbal threats; and (2) plaintiff's state law claims for monetary damages against defendants. ORDERED that plaintiff's Fourteenth Amendment claim against Chuttey is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that Chuttey is DISMISSED as a defendant herein. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon remaining defendants. The Clerk shall forward a copy of the summonses and complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order. Signed by Judge Gary L. Sharpe on 11/4/15. (served on plaintiff by regular mail) (alh, )
February 16, 2016
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ORDER: ORDERED that this action is DISMISSED for plaintiff's failure to notify the court of his address change, for failure to prosecute, and failure to comply with the court's Order. Signed by Senior Judge Gary L. Sharpe on 2/16/16. (served on plaintiff at his last known address on record by regular mail)(alh, )
February 16, 2016
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JUDGMENT entered in accordance with the Order issued by District Judge Gary L. Sharpe on February 16, 2016. (served on plaintiff at his last known address on record by regular mail) (alh, )