Phelan v. Sullivan et al, No. 5:2010cv00724 - Document 10 (N.D.N.Y 2010)
Court Description: DECISION & ORDER accepting and adopting in all respects the 6 Report and Recommendation of Magistrate Judge Baxter; The complaint is DISMISSED in its entirety without prejudice against defendants Robert Gavin, T. Tyler, R. Smith (a/k/a/Rex Smith), Dean Delnegro, Judge Wagner, Nicole M. Lichva, Lynda K. Rymanowski, and Christina Clabrese; The complaint is DISMISSED in its entirety without prejudice to the extent that it can be read to allege any claims directly against the City of Albany; The C lerk is directed to serve a copy of this order upon the plaintiff, complete the directives contained in the order of July 7, and refer the matter back to the Magistrate Judge for any further pretrial proceedings. Signed by Judge David N. Hurd on 7/22/2010. (see)
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Phelan v. Sullivan et al Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------KENNETH J. PHELAN, Plaintiff, vs 5:10-CV-724 CHUCK SULLIVAN, N.Y.S.P. Senior Investigator; *1MICHAEL REINOHL; *ERIC LEONARD; *ANN KOSTECKI; *JIM CONWAY, MATTHEW RENNERMAN, N.Y.S.P. Officer with the rank of Major; NICOLE M. LICHVA, N.Y.S.P. Officer; LYNDA K. RYMANOWSKI, N.Y.S.P. Officer; HARRY CORBITT, Superintendent of N.Y.S.P. Police Dept.; ROBERT GAVIN, Reporter at the Times Union; T. TYLER, Senior Editor for the Times Union; R. SMITH, also known as Rex Smith; DEAN DELNEGRO, U.S. Immigration Agent; JUDGE WAGNER, Albany City Court Judge; CITY OF ALBANY; CHRISTINA CALABRESE, Assistant District Attorney; and *NICK GEORGEADIS; Each Individually and in their Official Capacity, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: KENNETH J. PHELAN Plaintiff, Pro Se 09-A-01183 Five Points Correctional facility Caller Box 119 Romulus, NY 14541 DAVID N. HURD United States District Judge 1 *Each sued as N.Y.S.P. Investigator. Dockets.Justia.com DECISION and ORDER Plaintiff, Kenneth J. Phelan, commenced this civil rights action in June 2010, pursuant to 42 U.S.C. ยง 1983. By Report-Recommendation dated July 7, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the complaint be dismissed in its entirety without prejudice against defendants Gavin, Tyler, Smith, Delnegro, Wagner, Lichva, Rymanowski, and Clabrese; and that the complaint be dismissed in its entirety without prejudice to the extent that it can be read to allege any claims directly against City of Albany. No objections to the Report-Recommendation have been filed. Based upon a careful review of the file, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The complaint is DISMISSED in its entirety without prejudice against defendants Robert Gavin, T. Tyler, R. Smith (a/k/a/Rex Smith), Dean Delnegro, Judge Wagner, Nicole M. Lichva, Lynda K. Rymanowski, and Christina Clabrese; 2. The complaint is DISMISSED in its entirety without prejudice to the extent that it can be read to allege any claims directly against the City of Albany; 3. The Clerk is directed to serve a copy of this order upon the plaintiff, complete the directives contained in the order of July 7, and refer the matter back to the Magistrate Judge for any further pretrial proceedings. - 2 - IT IS SO ORDERED. Dated: July 22, 2010 Utica, New York. - 3 -
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