Schaff v. Brighton Towers Resident's Association et al, No. 5:2022cv00302 - Document 5 (N.D.N.Y 2022)

Court Description: DECISION & ORDER: that the Report-Recommendation of Judge Baxter, dkt. # 4 , is hereby Accepted and Adopted. Plaintiffs Complaint is hereby dismissed for failure to state a claim, as follows: that the Complaint is hereby Dismissed with Prejudice to the extent that Plaintiff raises any claims pursuant to the Housing Community Development Act of 1974; that the Complaint is hereby Dismissed with Prejudice to the extent that Plaintiff raises any claims pursuant to 24 C.F.R. §§ 245.100-24 5.110; that the Complaint is hereby Dismissed with Prejudice to the extent that Plaintiff attempts to bring claims against individual Defendants Curtis, Hough, Miller, Mutter, and Redmond pursuant to Title VI the Civil Rights Act of 1964; and that th e Complaint is hereby Dismissed without Prejudice with respect to any claims that Plaintiff seeks to bring against Defendant Brighton Towers Residents Association pursuant to Title VI of the Civil Rights Act of 1964. Plaintiff may file an Amended Com plaint within forty-five (45) days of the date of this order. The Plaintiff is advised that any Amended Pleading must be a complete pleading, which will supercede the original complaint in all respects, Plaintiff must include all the remaining facts and causes of action in the Amended Complaint. No facts or claims from the original complaint may be incorporated by reference. If Plaintiff files an Amended Complaint within the time directed by the Court, the Clerk of Court shall refer that Amended Complaint to Judge Baxter for initial review.Signed by Senior Judge Thomas J. McAvoy on 04/28/2022. (Copy served upon pro se plaintiff at 833 E. Brighton Avenue, Apartment 1714, Syracuse, NY 13205 via regular mail on 4/28/2022.)(hmr)

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Schaff v. Brighton Towers Resident's Association et al Doc. 5 Case 5:22-cv-00302-TJM-ATB Document 5 Filed 04/28/22 Page 1 of 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ ANDREW J. SCHAFF, Plaintiff, vs. 5:22-CV-302 (TJM/ATB) BRIGHTON TOWERS RESIDENT’S ASSOCIATION, CINDY CURTIS, President of Brighton Towers Resident’s Association, DENNIS HOUGH, Vice President and Secretary of Brighton Towers Resident’s Association, SHARON MILLER, Treasurer of Brighton Towers Resident’s Association, PENNY MUTTER, Building Rep. 1 of Brighton Towers Resident’s Association, and SHARRON REDMOND, Vice President of Brighton Towers Resident’s Association, Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER The Court referred this Complaint to Magistrate Judge Andrew T. Baxter for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Plaintif f alleges that Defendants, the Resident’s 1 Association and officials of that Association in the building where he lives, violated his rights under federal anti-discrimination and housing 1 The Complaint and the case caption use this formulation in describing the Defendant, which the Court suspects might be better rendered as “Residents’ Association” or “Residents Association.” The Court uses the form stated in the Complaint for consistency. 1 Dockets.Justia.com Case 5:22-cv-00302-TJM-ATB Document 5 Filed 04/28/22 Page 2 of 4 law. Plaintiff filed a Complaint and motion for leave to proceed in forma pauperis, which caused Judge Baxter to give the Complaint an initial review to determine whether the action should be served on the Defendants. Judge Baxter’s Report-Recommendation, dkt. # 4, issued on April 4, 2022, recommends that the Court dismiss Plaintiff’s claims against the individual Defendants with prejudice. Judge Baxter concludes that none of the claims Plaintiff seeks to raise may be brought against individual defendants. Judge Baxter also recommends that the Court dismiss with prejudice any claim brought pursuant to the Housing Community Development Act of 1974 or federal regulations. Finally, Judge Baxter recommends that the Court dismiss without prejudice Plaintiff’s claims brought against the Brighton Towers Resident’s Association pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. Plaintiff, he finds, did not clearly allege that the Resident’s Association received federal funding. Plaintiff also failed to allege that the Association acted against him because of his race. No party objected to the Report-Recommendation. The time for such objections has passed. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation for the reasons stated therein. Accordingly, The Report-Recommendation of Judge Baxter, dkt. # 4, is hereby ACCEPTED and ADOPTED. Plaintiff’s Complaint is hereby dismissed for failure to state a claim, as follows: 2 Case 5:22-cv-00302-TJM-ATB Document 5 Filed 04/28/22 Page 3 of 4 1. The Complaint is hereby DISMISSED WITH PREJUDICE to the extent that Plaintiff raises any claims pursuant to the Housing Community Development Act of 1974; 2. The Complaint is hereby DISMISSED WITH PREJUDICE to the extent that Plaintiff raises any claims pursuant to 24 C.F.R. §§ 245.100-245.110; 3. The Complaint is hereby DISMISSED WITH PREJUDICE to the extent that Plaintiff attempts to bring claims against individual Defendants Curtis, Hough, Miller, Mutter, and Redmond pursuant to Title VI the Civil Rights Act of 1964; and 4. The Complaint is hereby DISMISSED WITHOUT PREJUDICE with respect to any claims that Plaintiff seeks to bring against Defendant Brighton Towers Resident’s Association pursuant to Title VI of the Civil Rights Act of 1964. Plaintiff may file an Amended Complaint within forty-five (45) days of the date of this order. The Plaintiff is advised that ANY AMENDED PLEADING MUST BE A COMLETE PLEADING, WHICH WILL SUPERCEDE THE ORIGINAL COMPLAINT IN ALL RESPECTS, PLAINTIFF MUST INCLUDE ALL THE REMAINING FACTS AND CAUSES OF ACTION IN THE AMENDED COMPLAINT. NO FACTS OR CLAIMS FROM THE ORIGINAL COMPLAINT MAY BE INCORPORATED BY REFERENCE. If Plaintiff files an Amended Complaint within the time directed by the Court, the Clerk of Court shall refer that Amended Complaint to Judge Baxter for initial review. IT IS SO ORDERED. 3 Case 5:22-cv-00302-TJM-ATB Document 5 Filed 04/28/22 Page 4 of 4 Dated: April 28, 2022 4

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