Creach v. Doe et al, No. 1:2020cv00199 - Document 19 (N.D.N.Y 2020)
Court Description: DECISION and ORDER: The recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Plaintiff's amended complaint will be forwarded to Magistrate Judge Hummel for further review.Signed by Judge David N. Hurd on 8/12/2020. (Copy served via regular mail)(mgh)
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Creach v. Doe et al Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------YASIR CREACH, Plaintiff, 1:20-CV-199 (DNH/CFH) -v- DOE, Assistant District Attorney; DANIEL MCCOY, C.E.O. Public Defender's Office; CRAIG APPLE, Sheriff A.C.C.F; RICHARD CRUDO, Shift Commander A.C.C.F; and ANTHONY MANCINO, Chief Clerk Albany City Court, Defendants. -------------------------------APPEARANCES: YASIR S. CREACH Plaintiff pro se 20-A-0222 Collins Correctional Facility P.O. Box 340 Collins, NY 14034 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Yasir S. Creach purported to commence this action on February 24, 2020. On June 16, 2020, the Honorable Christian F. Hum mel, United States Magistrate Judge, advised by Report-Recommendation that insofar as plaintiff seeks to proceed against defendants in their official capacities, such claims be dismissed with prejudice; insofar as plaintiff seeks to challenge the validity or length of his confinement through a habeas petition, Dockets.Justia.com such claims be dismissed as moot due to plaintiff's release from confinement; and the remainder of plaintiff's complaint, ECF No. 1, to the extent it purports to proceed under 42 U.S.C. §1983, be dismissed without prejudice for failure to state a claim. Magistrate Judge Hummel also recommended that plaintiff be afforded thirty (30) days from the date of this Decision and Order to file an amended complaint. No objections to the ReportRecommendation have been filed. However, before the issuance of a Decision and Order ruling on the Report-Recommendation, plaintiff filed an amended complaint. ECF No. 18. 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). Plaintiff's amended complaint will be forwarded to Magistrate Judge Hummel for further review. Therefore, it is ORDERED that Plaintiff's Amended Complaint is referred back to Magistrate Judge Hummel for review. IT IS SO ORDERED. Dated: August 12, 2020 Utica, New York. -2-
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