Burroughs v. Mitchell et al, No. 9:2018cv00679 - Document 30 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: ORDERED that 26 Report and Recommendation is accepted in whole. ORDERED that 21 Motion to Dismiss for Failure to State a Claim is GRANTED; The complaint as against Donald G. Uhler is DISMISSED without prejudice; ORD ERED that Plaintiff is provided an opportunity to amend his complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report- Recommendation. ORDERED that if plaintiff timely files an ame nded complaint within thirty (30) days of the date of this Decision and Order curing the deficiencies noted in the Report-Recommendation, the file be forwarded to United States Magistrate Judge Andrew T. Baxter for further review; and if plaintiff fa ils to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint be dismissed as against defendant Donald G. Uhler without further order. Signed by Judge David N. Hurd on 7/3/19. {order served via regular mail on plaintiff}(nas)
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Burroughs v. Mitchell et al Doc. 30 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LORCEN BURROUGHS, Plaintiff, -v- 9:18-CV-679 (DNH/ATB) WOODS, Sergeant, Clinton Correctional Facility; DONALD G. UHLER, Superintendent, Upstate Correctional Facility; SHATTUCK, Corrections Sergeant, Upstate Correctional Facility; JANE DOE #3, Nurse, Upstate Correctional Facility; JOHN DOE #4, NYS Police Investigator; JOHN/JANE DOE #5, Corrections Officer, Emergency Response Younger Officer; JOHN DOE #6, Corrections Officer, Emergency Response Older Officer; and JOHN DOE #7, Investigator, Office of Special Investigations, Defendants. -------------------------------APPEARANCES: LORCEN BURROUGHS Plaintiff pro se 811 Carter Street Rochester, NY 14621 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 KONSTANDINOS D. LERIS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Lorcen Burroughs brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 25, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendant Donald G. Uhler's unopposed motion to dismiss be granted without prejudice and that the complaint be dismissed as against him. No objections to the Report-Recommendation have been filed. 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. Defendant Donald G. Uhler's motion to dismiss is GRANTED; 2. The complaint as against Donald G. Uhler is DISMISSED without prejudice; 3. Plaintiff is provided an opportunity to amend his complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the ReportRecommendation; 4. If plaintiff timely files an amended complaint within thirty (30) days of the date of this Decision and Order curing the deficiencies noted in the Report-Recommendation, the file be forwarded to United States Magistrate Judge Andrew T. Baxter for further review; and 5. If plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint be dismissed as against defendant Donald G. Uhler without further order. -2- Dated: July 3, 2019 Utica, New York. -3-
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