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16-891 - Franco v. Helsley et al


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16-891 - Franco v. Helsley et al
February 8, 2017
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***VACATED per 33 Decision and Order *** JUDGMENT entered pursuant to the Text Order of the Honorable Chief Judge Glenn T. Suddaby, dated the 8th day of February, 2017. (served on plaintiff at his address on record and South Beach Psych Ctr, Seaview 2TLR, 777 Seaview Ave, Bldg. 1, 1st floor, Staten Island, NY 10305) (alh, ) Modified on 6/16/2017 (alh, ).
June 16, 2017
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DECISION AND ORDER: ORDERED that plaintiff's motion to vacate (Dkt. No. 30) is GRANTED. ORDERED that plaintiff must file an AMENDED COMPLAINT within FOURTEEN (14) DAYS of the date of this Decision and Order, and, if he fails to do so, this action will be 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, without further order of the Court. ORDERED that plaintiff's motion for the assignment of counsel (Dkt. No. 32) is DENIED. ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order, an updated copy of the docket, a copy of the September Order, a copy of his complaint (Dkt. No. 1), and a form complaint available for use in Section 1983 actions upon plaintiff at South Beach Psychiatric Center in accordance with the Local Rules. Signed by Chief Judge Glenn T. Suddaby on 6/16/17. ( Notice of Compliance Deadline 6/30/2017) (served as directed) (alh, )
July 28, 2017
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Chief Judge Glenn T. Suddaby, dated the 16th day of June, 2017. (served on plaintiff by regular and certified mail) (alh, )