-GHL Kaminski et al v. State of New York et al, No. 6:2010cv01399 - Document 29 (N.D.N.Y 2011)
Court Description: DECISION & ORDER accepting in whole Magistrate Judge Lowe's 25 Report and Recommendations; The in forma pauperis application (Dkt. No. 13) is DENIED; The Request for Motion to Strike and for Sanctions (Dkt. No. 24) is DENIED; The amended complaint (Dkt. No 12) is DISMISSED with prejudice; and The Clerk serve a copy of this Decision and Order on Plaintiffs. Signed by Judge David N. Hurd on 6/22/2011. (see) (Main Document 29 replaced on 6/23/2011) (see, ).
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DAWN and MARCUS KAMINSKI, Plaintiffs, 6:10-CV-1399 -vSTATE OF NEW YORK, et al. Defendants. -------------------------------APPEARANCES: DAWN KAMINSKI MARCUS KAMINSKI Plaintiffs, Pro se 120 Leah Street Utica, NY 13501 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiffs brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On June 1, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by ReportRecommendation, that plaintiffs' in forma pauperis application be denied, the request for a motion to strike and for sanctions be denied as moot, and the amended complaint be dismissed with prejudice. Plaintiffs timely filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the ReportRecommendation to which plaintiffs objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The in forma pauperis application (Dkt. No. 13) is DENIED; 2. The Request for Motion to Strike and for Sanctions (Dkt. No. 24) is DENIED; 3. The amended complaint (Dkt. No 12) is DISMISSED with prejudice; and 4. The Clerk serve a copy of this Decision and Order on Plaintiffs. IT IS SO ORDERED. Dated: June 22, 2011 Utica, New York. - 2 -
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