Kelly v. Guilderland Police Department, No. 8:2020cv00235 - Document 9 (N.D.N.Y 2020)
Court Description: DECISION and ORDER denying 4 Motion. ORDERED that 1. Plaintiff's amended complaint, ECF No. 8, is referred back to Magistrate Judge Hummel for review; and 2. Plaintiff's application for an order directing service by the United States Ma rshals Service, ECF No. 4, is denied without prejudice with the opportunity to renew after Magistrate Judge Hummel's review of the amended complaint. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/14/2020. (Copy served via regular mail)(khr)
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Kelly v. Guilderland Police Department Doc. 9 Case 8:20-cv-00235-DNH-CFH Document 9 Filed 10/14/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------STEPHEN KELLY, Plaintiff, 8:20-CV-235 (DNH/CFH) -v- GUILDERLAND POLICE DEPARTMENT, Defendant. -------------------------------APPEARANCES: STEPHEN KELLY Plaintiff pro se 18-A-3202 Gouverneur Correctional Facility P.O. Box 480 Gouverneur, NY 13642 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Stephen Kelly commenced this action on March 2, 2020. On September 10, 2020, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant Town of Guilderland Police Department be dismissed as a party from this action and that plaintiff's complaint be dismissed without prejudice but with leave to amend. No objections to the Report-Recommendation have been filed. However, before the issuance of a Decision and Order ruling on the ReportRecommendation, plaintiff filed an amended complaint naming "Guilderland Police Dockets.Justia.com Case 8:20-cv-00235-DNH-CFH Document 9 Filed 10/14/20 Page 2 of 2 Department Officer Badge No.: 8813." ECF No. 8. 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. ยง 636(b)(1). Plaintiff's amended complaint will be forwarded to Magistrate Judge Hummel for further review. Therefore, it is ORDERED that 1. Plaintiff's amended complaint, ECF No. 8, is referred back to Magistrate Judge Hummel for review; and 2. Plaintiff's application for an order directing service by the United States Marshals Service, ECF No. 4, is denied without prejudice with the opportunity to renew after Magistrate Judge Hummel's review of the amended complaint. IT IS SO ORDERED. Dated: October 14, 2020 Utica, New York. -2-
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