Sulehria v. The State of New York et al
| Iqbal N. Sulehria |
| Cathy Emmerick, John/Jane Does 1-50, The State of New York, Eric T. Schneiderman, New York State Department of Civil Service, New York State Department of Labor, Lindsay Shea Childrose, Diane M. Sisario, Ivan Coello-Cerrato and Freddie Burns |
| 1:2012cv00021 |
| January 5, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Andrew T. Baxter |
| Lawrence E. Kahn |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that the Amended Complaint (Dkt. No. 8) is DISMISSED in its entirety pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Senior Judge Lawrence E. Kahn on October 15, 2012. (sas)
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Filing
6
DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs Motion to proceed in forma pauperis (Dkt. No. 2) is GRANTED at this time for the purposes of filing this action, only; and it is further ORDERED, that the Complaint is DISMISSED with prejudice as frivolous or for failure to state a claim as to all Plaintiffs federal claims EXCEPT Plaintiffs claim against the State of New York under Title VII, alleg ing that he was denied the opportunity to take civil service examinations based upon age and ethnicity, and that this claim is DISMISSED without prejudice; and it is further ORDERED, that Plaintiff is given forty-five (45) days from the date of this Order within which to file the appropriate amended complaint only with respect to the two previously-identified Title VII claims, which shall supercede the original Complaint; and it is further ORDERED, that supplemental jurisdiction of any of Plaint iffs state law claims is denied at this time, and those claims are DENIED without prejudice; and it is further ORDERED, that if Plaintiff timely files an amended complaint, the Clerk shall return the Complaint to the Magistrate Judge for further review Signed by Senior Judge Lawrence E. Kahn on April 16, 2012. (sas)
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