Daley v. Town of Orchard Park, et al, No. 1:2016cv00325 - Document 103 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER denying 9 Motion for an FBI Investigation and an injunction; denying 10 Motion for Extension of Time to File Response/Reply as moot; granting 15 Motion to Dismiss; granting 21 Motion to Dismiss; granting 26 Motion to Dism iss; granting 27 Motion to Dismiss; denying 35 Motion to Dismiss; granting 48 Motion to Dismiss; granting 51 Motion to Dismiss; granting 53 Motion to Opt Out of ADR; denying 59 Motion for a More Definite Statement; denying 69 Motion for a More Definite Statement; denying 82 Motion for a Permanent Injunction without prejudice; and denying 92 Motion for a Permanent Injunction without prejudice. The Court grants Plaintiff leave to file a second amended complaint and direc ts that Plaintiff must file such second amended complaint on or before March 1, 2017, in accordance with this Decision and Order, and the Clerk of Court is directed to terminate this action without prejudice in its entirety if Plaintiff fails to file a second amended complaint by March 1, 2017, without further order of the Court. As stated more fully in the Decision and Order, Plaintiff is hereby cautioned that sending immaterial or threatening papers or items to opposing parties or their attorneys may result in sanctions pursuant to Fed. R. Civ. P. 11, or other appropriate relief. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/30/17. (JPL) (A copy of this Decision and Order, the instructions for filing an amended complaint, and a blank § 1983 complaint form have been mailed to Plaintiff) -CLERK TO FOLLOW UP-