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16-661 - Baez v. Kooi


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16-661 - Baez v. Kooi
June 27, 2016
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DECISION AND ORDER: ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. § 1404(a), the following defendants and all claims against them, are severed and transferred to the Southern District of New York: Pravin Ranjan, Jonathan August, Kennedy Gordon, Georges Marie, Nnaemzie Umeisor, and Jadow Rao. ORDERED, that no ruling is made as to the sufficiency of the amended complaint with respect to the claims that have been severed and transferred to the Southern District, leaving that determination to the Southern District of New York. ORDERED, that the Clerk shall remove the following defendants from the Northern District of New York docket: Pravin Ranjan, Jonathan August, Kennedy Gordon, Georges Marie, Nnaemzie Umeisor, and Jadow Rao. ORDERED, If plaintiff wishes to proceed with the remaining claims retained by the Northern District, he must file a second amended complaint within thirty (30) days of the filing date of this Decision and Order demonstrating that those claims are timely filed. The second amended complaint must be a complete pleading which will replace the previous pleading in all respects and should relate only to the defendant and claims retained by the Northern District of New York. ORDERED, in the event plaintiff fails to file a signed second amended complaint within thirty (30) days of the filing date of this Decision and Order as detailed above, the Clerk shall, without further order, enter judgment indicating that this Northern District action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 6/27/16. (Notice of Compliance Deadline 7/27/2016, Case Review Deadline 8/29/2016) (served on plaintiff by regular mail)(alh, )
September 19, 2016
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DECISION AND ORDER: ORDERED that plaintiff's 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. The Clerk is directed to close this case. Signed by Senior Judge Thomas J. McAvoy on 9/19/16. (served on plaintiff by regular mail)(alh, )
September 19, 2016
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Senior Judge Thomas J. McAvoy, dated the 19th day of September, 2016. (served on plaintiff by regular mail) (alh, )