Kunz v. Brazill et al
Robert J. Kunz |
Roger Brazill and Sandra J. Doorley |
6:2014cv01471 |
December 5, 2014 |
US District Court for the Northern District of New York |
Utica Office |
Oneida |
Mae A. D'Agostino |
Therese Wiley Dancks |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
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Filing 23 ORDER adopting Report and Recommendations re 11 Report and Recommendations:The Court hereby ORDERS that Magistrate Judge Dancks Order and Report-Recommendation (Dkt. No. 11) is ADOPTED in its entirety; and the Court further ORDERS that Plaintiff 039;s complaint is DISMISSED as follows: (1) Plaintiff's § 1983 claims are dismissed without leave to amend as barred under Heck v. Humphrey, 512 U.S. 447 (1993), and the applicable statute of limitations, and for failure to state a claim; and (2) the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims under Article 1, § § 6 and 11 of the New York State Constitution; and the Court further ORDERS that Plaintiff's motion for a default judgment and hearing (Dkt. No. 20) is DENIED. Signed by U.S. District Judge Mae A. D'Agostino on 2/25/15. [copy mailed to plaintiff via regular mail] (ban) Modified on 2/25/2015 (ban). |
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