Oshintayo v. Krause et al, No. 3:2019cv00253 - Document 10 (N.D.N.Y 2019)

Court Description: DECISION AND ORDER adopting 9 Report-Recommendations. Pltf's complaint is dismissed without prejudice. Pltf may file an amended complaint by 5/26/19. If Pltf files an amended complaint, it will be forwarded to the Magistrate Judge for review. If Pltf fails to file an amended complaint by 5/26/19 the complaint will be dismissed without further order of the court. ( Notice of Compliance Deadline 5/26/2019). Signed by Judge David N. Hurd on 4/26/19. (Copy served via regular mail)(sfp, )

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Oshintayo v. Krause et al Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------STANLEY T. OSHINTAYO, Plaintiff, -v- 3:19-CV-253 (DNH/DEP) VERONICA M. KRAUSE, Assistant District Attorney; BROOME COUNTY; MICHAEL T. BAKER, Public Defender; and BROOME COUNTY DISTRICT ATTORNEY'S OFFICE, formerly known as Broome County District Attorney, Defendants. -------------------------------APPEARANCES: STANLEY T. OSHINTAYO Plaintiff pro se 16-R-0909 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Stanley T. Oshintayo brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 1, 2019, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that the complaint be dismissed without prejudice and that plaintiff be given leave to amend. No objections to the Report- Dockets.Justia.com 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 complaint is DISMISSED WITHOUT PREJUDICE and plaintiff is given an opportunity to amend his complaint within thirty (30) days of the date of this Decision and Order to properly present the facts which would support his claim for entitlement to relief against these defendants; 2. If plaintiff files a timely amended complaint, it be forwarded to the Magistrate Judge for review; and 3. If plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint will be dismissed in its entirety without further order. IT IS SO ORDERED. Dated: April 26, 2019 Utica, New York. -2-

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