Lewis v. Michaud et al, No. 8:2017cv01360 - Document 11 (N.D.N.Y 2018)
Court Description: DECISION & ORDER: The Court hereby ACCEPTS and ADOPTS the # 8 Report and Recommendations; and the 9 Letter Motion for leave to add additional facts/parties along with the # 10 Letter Motion for an extension of time to Amend the Complaint and ob tain counsel are DENIED as MOOT. Plaintiff is given 30 days to file an Amended Complaint, (Amended Pleadings due by 3/14/2018). It is Ordered that should plaintiff fail to file an amended complaint within 30 days the # 1 Complaint filed by Shawn Lewis will be DISMISSED, without further Order of the Court pursuant to 28 USC section 1915 for failure to state a claim. Signed by Senior Judge Thomas J. McAvoy on 2/12/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)
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Lewis v. Michaud et al Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SHAWN LEWIS, Plaintiff, -v- Civ. No. 8:17-CV-1360 (TJM/DJS) PAULA MICHAUD, et al., Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for an initial review pursuant to 28 U.S.C. § 1915(e). No objections to Magistrate Judge Stewart’s January 17, 2018 Report-Recommendation and Order [Dkt. # 8] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack f or plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order [Dkt. # 8] for the reasons stated therein. Therefore, it is hereby ORDERED that plaintiff is given thirty (30) days from the date of this Decision and 1 Dockets.Justia.com Order in which to file an Amended Complaint correcting the format and expanding upon the facts that would support his claim for entitlement to relief. Plaintiff is advised that an amended complaint supersedes in all respects the prior pleading. Therefore, if plaintiff files an amended complaint, he must properly allege in the amended complaint all factual bases for all claims asserted therein, and the amended complaint must be in compliance with Rules 8 and 10 of the Federal Rules of Civil Procedure. And, it is further ORDERED that should plaintiff fail to file an amended complaint within thirty (30) days from the date of this Decision and Order, plaintiff’s Complaint (Dkt. # 1) will be DISMISSED, without further action by the Court, pursuant to 28 U.S.C. § 1915 f or failure to state a claim. And it is further ORDERED that should plaintiff intend to assert claims on behalf of any minor child, he must either retain counsel for that child within the thirty-day time period for amendment or apply for appointment of counsel for the minor child at the time he files an amended complaint. And it is further ORDERED that plaintiff’s motions for leave to add additional parties and facts/citations, Dkt. # 9, and for an extension of time to amend the complaint and to obtain counsel, Dkt. # 10, are DENIED as MOOT. IT IS SO ORDERED. Dated: February 12, 2018 2
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