Creach v. Doe et al, No. 1:2020cv00199 - Document 21 (N.D.N.Y 2020)

Court Description: DECISION and ORDER: Plaintiff's amended complaint is DISMISSED as to the following defendants: Doe, Assistant District Attorney; Craig Apple, Sheriff A.C.C.F.; Richard Crudo, Shift Commander A.C.C.F.; Anthony Mancino, Chief Clerk Albany City Court; and Megan Spieling, Assistant Public Defender; Plaintiff's amended complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE; Plaintiff is provided one final opportunity to amend the amended complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; If plaintiff timely files a second amended complaint within thirty (30) days of the date of this Decision and Order, the file be forwarded to United St ates Magistrate Judge Christian F. Hummel for further review; If plaintiff fails to file a second amended complaint within thirty (30) days of the date of this Decision and Order, the amended complaint be dismissed in its entirety without further order.. Signed by Judge David N. Hurd on 11/25/2020. (Copy served via regular mail)(mgh)

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Creach v. Doe et al Doc. 21 Case 1:20-cv-00199-DNH-CFH Document 21 Filed 11/25/20 Page 1 of 3 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; ANTHONY MANCINO, Chief Clerk Albany City Court; MEGAN SPIELING, Assistant Public Defender; JOHN DOE, Booking Officer Albany County Correctional Facility; and ALBANY COUNTY, 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 September 25, 2020, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff’s amended complaint (ECF No. 18) be dismissed in its entirety without prejudice to providing plaintiff with one final Dockets.Justia.com Case 1:20-cv-00199-DNH-CFH Document 21 Filed 11/25/20 Page 2 of 3 opportunity to file a second amended complaint to cure the defects identified in the ReportRecommendation. No objections to the Report-Recommendation have been filed. 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 amended complaint is DISMISSED as to the following defendants: Doe, Assistant District Attorney; Craig Apple, Sheriff A.C.C.F.; Richard Crudo, Shift Commander A.C.C.F.; Anthony Mancino, Chief Clerk Albany City Court; and Megan Spieling, Assistant Public Defender; 2. Plaintiff's amended complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE; 3. Plaintiff is provided one final opportunity to amend the amended complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; 4. If plaintiff timely files a second amended complaint within thirty (30) days of the date of this Decision and Order, the file be forwarded to United States Magistrate Judge Christian F. Hummel for further review; and 5. If plaintiff fails to file a second amended complaint within thirty (30) days of the date of this Decision and Order, the amended complaint be dismissed in its entirety without further order. IT IS SO ORDERED. -2- Case 1:20-cv-00199-DNH-CFH Document 21 Filed 11/25/20 Page 3 of 3 Dated: November 25, 2020 Utica, New York. -3-

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