di Santo v. Ulster County Family Court et al, No. 1:2019cv01422 - Document 11 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: that the Dkt. No. 10 - February 5, 2020 Report-Recommendation is accepted in whole; that the plaintiff's Dkt. No. 7 Amended Complaint is Dismissed with leave to amend; that plaintiff is provided an opportunity to file a p roposed Second Amended Complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; that if plaintiff timely files a proposed Second Amended Complaint within thirty (30) days of the date of this Decision and Order curing the deficiencies noted in the Report-Recommendation, the file be forwarded to United States Magistrate Judge Daniel J. Stewart for further review and that if plaintiff fails to file a proposed Secon d Amended Complaint within thirty (30) days of the date of this Decision and Order, the Amended Complaint will be dismissed in its entirety as against all defendants without further order. Signed by Judge David N. Hurd on 03/09/2020. (Copy served upon Patrick di Santo at 11061 W. 134 St. #9, Overland Park, KS 66213 via regular mail on 3/9/2020.)(hmr)
Download PDF
<![CDATA[
di Santo v. Ulster County Family Court et al Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------PATRICK DI SANTO, Plaintiff, -v- 1:19-CV-1422 (DNH/DJS) ULSTER COUNTY FAMILY COURT and H. JUDGE DANIEL K. LALOR, Defendants. -------------------------------APPEARANCES: PATRICK DI SANTO Plaintiff pro se 11061 W. 134 St. #9 Overland Park, KS 66213 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Patrick di Santo brought this civil action against defendants Ulster County Family Court and H. Judge Daniel K. Lalor. On December 20, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's Complaint be dismissed with prejudice as to all claims seeking to void a New York State court judgment and all personal capacity claims against defendant Lalor, but that plaintiff be granted leave to replead any claim under the Americans with Disabilities Act against an appropriate defendant. No objections to the Report-Recommendation were filed but before the Report-Recommendation was adopted, plaintiff filed an Amended Complaint. Dockets.Justia.com Magistrate Judge Stewart thereafter reviewed plaintiff's Amended Complaint and on February 5, 2020, issued a new Report-Recommendation, thus mooting the December 20, 2019 Report-Recommendation. In the February 5, 2020 Report-Recommendation, Magistrate Judge Stewart advised that plaintiff's Amended Complaint be dismissed but that plaintiff be granted a final opportunity to replead. No objections to the February 5, 2020 Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the February 5, 2020 Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's Amended Complaint is DISMISSED with leave to amend; 2. Plaintiff is provided an opportunity to file a proposed Second Amended Complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; 3. If plaintiff timely files a proposed Second Amended Complaint within thirty (30) days of the date of this Decision and Order curing the deficiencies noted in the ReportRecommendation, the file be forwarded to United States Magistrate Judge Daniel J. Stewart for further review; and 4. If plaintiff fails to file a proposed Second Amended Complaint within thirty (30) days of the date of this Decision and Order, the Amended Complaint will be DISMISSED IN ITS ENTIRETY as against all defendants without further order. -2- IT IS SO ORDERED. Dated: March 9, 2020 Utica, New York. -3-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
