Coon v. Merola et al, No. 1:2019cv00394 - Document 6 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER accepting in whole 4 Report and Recommendation. Ordered that Pltf's complaint is dismissed without prejudice. Pltf may file an amended complaint by 6/17/19. If Pltf files a timely amended complaint, it will be forwarded to the Magistrate Judge for review. If Pltf fails to file a timely amended complaint, the complaint will be dismissed with prejudice and without further order. Signed by Judge David N. Hurd on 5/3/19. (Copy served via regular mail)(sfp, )
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Coon v. Merola et al Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD JAMES COON, Plaintiff, -v- 1:19-CV-394 (DNH/ATB) FRANK MEROLA, Rensselaer County Clerk; and JANE/JOHN DOES, Clerks at County Clerk's Office, Defendants. -------------------------------APPEARANCES: DONALD JAMES COON Plaintiff pro se 289 5th Avenue Troy, NY 12180 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Donald James Coon brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 8, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without prejudice but that he be given an opportunity to amend. No objections to the ReportRecommendation have been filed. Dockets.Justia.com Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's complaint is DISMISSED without prejudice; 2. Plaintiff is provided forty-five (45) days from the date of this Decision and Order to file an amended complaint that cures the defects identified in the ReportRecommendation; 3. If plaintiff files a timely amended complaint, it be forwarded to the Magistrate Judge for review; and 4. If plaintiff fails to file an amended complaint within forty-five (45) days of the date of this Decision and Order, the complaint be dismissed with prejudice and without further order. IT IS SO ORDERED. Dated: May 3, 2019 Utica, New York. -2-
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