Linder v. New York State Police

Linder v. New York State Police

Plaintiff:	David William Linder
Defendant:	New York State Police
Case Number:	1:2016cv00962
Filed:	August 1, 2016
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Albany
Presiding Judge:	Gary L. Sharpe
Presiding Judge:	Daniel J. Stewart
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
October 18, 2016	Filing 12 ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No.10) is ADOPTED in its entirety; and it is further ORDERED that plaintiffs original complaint be dismissed, pursuant to 28 U.S.C. § 1915 and § 1915A for failure to state a claim, however, in light of his pro se status; it is further ORDERED that the court affords the plaintiff thirty (30) days from the date of this order, to file an amended complaint, which he filed on October 17, 2016, (Dkt. No. 11), to correct the format and expand upon the facts that would support his claim for entitlement to relief and it shall be a complete pleading that supersedes his original complaint in all respects an d shall not include any claims that have been dismissed with prejudice by this court (and does not incorporate by reference any portion of his original Complaint); and it is further ORDERED that plaintiff is directed to comply in all respects with Rules 8(1) and 10(b) of the Federal Rules of Civil Procedure, which require, inter alia, that the amended complaint contain a short and plain statement of each claim showing that plaintiff is entitled to relief, and t hat he states his claims in numbered paragraphs, each limited as far as practical to a single set of circumstances; and it is further ORDERED that the amended complaint, (Dkt. No. 11), is referred to Magistrate Judge Stewart for compliance with this court's order and, if necessary, initial review pursuant to 28 U.S.C. §§ 19159(e) and 1915A. Signed by Senior Judge Gary L. Sharpe on 10/18/2016. (jel, )

Date Filed

Document Text

October 18, 2016

Filing 12 ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No.10) is ADOPTED in its entirety; and it is further ORDERED that plaintiffs original complaint be dismissed, pursuant to 28 U.S.C. § 1915 and § 1915A for failure to state a claim, however, in light of his pro se status; it is further ORDERED that the court affords the plaintiff thirty (30) days from the date of this order, to file an amended complaint, which he filed on October 17, 2016, (Dkt. No. 11), to correct the format and expand upon the facts that would support his claim for entitlement to relief and it shall be a complete pleading that supersedes his original complaint in all respects an d shall not include any claims that have been dismissed with prejudice by this court (and does not incorporate by reference any portion of his original Complaint); and it is further ORDERED that plaintiff is directed to comply in all respects with Rules 8(1) and 10(b) of the Federal Rules of Civil Procedure, which require, inter alia, that the amended complaint contain a short and plain statement of each claim showing that plaintiff is entitled to relief, and t hat he states his claims in numbered paragraphs, each limited as far as practical to a single set of circumstances; and it is further ORDERED that the amended complaint, (Dkt. No. 11), is referred to Magistrate Judge Stewart for compliance with this court's order and, if necessary, initial review pursuant to 28 U.S.C. §§ 19159(e) and 1915A. Signed by Senior Judge Gary L. Sharpe on 10/18/2016. (jel, )

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Plaintiff: David William Linder
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Defendant: New York State Police
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