Myers v. Bucca et al, No. 6:2015cv00553 - Document 14 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER adopting 5 Report and Recommendations. Pltf's complaint is dismissed with prejudice as against defts Bucca, Wilhelm, Frisbee and Baeckmann. Pltf's complaint is dismissed without prejudice as against defts Seeley, Spitz and Haines. Any claims against deft Rowell, relating to his testimony at trial and for false arrest are dismissed with prejudice. Pltf's proposed 9 amended complaint shall be reviewed by Honorable Baxter to determine its compliance with the R&R and 28 USC 1915A and 1915(e). Signed by Judge David N. Hurd on 11/10/15. [Served by mail.] (sfp, )
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Myers v. Bucca et al Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SCOTT MYERS, Plaintiff, No. 6:15-CV-0553 (DNH/ATB) -vCHARLES BUCCA, GREG SEELEY, PATROLMAN ROWELL, ALAN FRISBEE, DONNA BAECKMANN, MICHAEL SPITZ, TERRY WILHELM AND BOBBY HAINES Defendants. -------------------------------APPEARANCES: OF COUNSEL: SCOTT MYERS Plaintiff pro se Mid-State Correctional Facility P.O. Box 2500 Marcy, NY 13403 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 RACHEL M. KISH, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Scott Myers brought this civil rights action pursuant to 42 U.S.C. § 1983. On May 14, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed sua sponte pursuant to 28 U.S.C. §§ 1915A and 1915(e) as to all but one claim against only one defendant. Plaintiff timely filed objections to the Report-Recommendation (ECF No. 6) and has already submitted a proposed amended complaint (ECF No. 9). Dockets.Justia.com 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 with prejudice as against defendants Bucca, Wilhelm, Frisbee and Baeckmann, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-iii); 2. Plaintiff’s complaint is DISMISSED without prejudice as against defendants Seeley, Spitz and Haines pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 3. Any claims against defendant Rowell, relating to his testimony at trial and for false arrest are DISMISSED with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii-iii); 4. Plaintiff’s proposed amended complaint (ECF No. 9) shall be reviewed by the Honorable Andrew T. Baxter to determine its compliance with the Report-Recommendation and 28 U.S.C. §§ 1915A and 1915(e); and 5. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: November 10, 2015 Utica, New York -2-
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