Jackson v. Wylie et al, No. 8:2017cv00560 - Document 13 (N.D.N.Y 2018)

Court Description: DECISION & ORDER: ACCEPTING and ADOPTING the # 11 Report-Recommendation, This action is DISMISSED with leave to replead within 30 days of the date of this Decision and Order. If plaintiff files a timely Second Amended Complaint, it will be forwarde d to the Magistrate Judge for review. If plaintiff fails to file a Second Amended Complaint within thirty days, the Clerk will DISMISS this action without further Order of the Court. Signed by Judge David N. Hurd on 3/15/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)

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Jackson v. Wylie et al Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RAYMOND L. JACKSON, Plaintiff, -v- 8:17-CV-560 (DNH/CFH) ANDREW J. WYLIE, District Attorney, Clinton County; TIMOTHY CONNOLLY, Badge #5347, Investigator; MARK BOIRE, Deputy Sheriff; PHILLIP VONNORTWICK, Judge; and CHRISTOPHER HOLLAND, Deputy Sheriff, Defendants. -------------------------------APPEARANCES: RAYMOND L. JACKSON Plaintiff pro se 15-A-3740 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Raymond L. Jackson brought this civil rights action pursuant to 42 U.S.C. § 1983. On November 7, 2017, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed without prejudice and with opportunity to amend. Plaintiff filed timely objections to the Report-Recommendation. Dockets.Justia.com Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. This action is DISMISSED with leave to replead within thirty days of the date of this Decision and Order; 2. If plaintiff files a timely second amended complaint, it be forwarded to the Magistrate Judge for review; and 3. If plaintiff fails to file a second amended complaint within thirty days of the date of this Decision and Order, the Clerk dismiss the action without further order. IT IS SO ORDERED. Dated: March 15, 2018 Utica, New York. 2

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