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17-1150 - Padilla v. County of Onondaga et al


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17-1150 - Padilla v. County of Onondaga et al
January 22, 2018
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DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 9) is accepted for filing and is deemed the operative pleading. ORDERED that the Clerk of the Court shall amend the docket to include the following defendants: Zirath and Bobb-Diallo. ORDERED that the following claims are DISMISSED 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) Fourteenth Amendment claims against Zirath; and (2) claims against CCS. ORDERED that the Fourteenth Amendment claims against Bobb-Diallo survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED that Zirath and CCS; are DISMISSED as defendants herein. ORDERED, the Clerk shall issue a summons and forward it, along with copies of the Amended Complaint, to the United States Marshal for service upon the remaining defendant. The Clerk shall forward a copy of the summons and Amended Complaint to the Office of the County Attorney of Onondaga County, together with a copy of this Decision and Order. Signed by U.S. District Judge Mae A. D'Agostino on 1/22/18. (Served on plaintiff by regular mail)(alh, )