Scott-Harris v. NYS Dept. of Health
| Tina Scott - Harris and Tina Scott-Harris |
| NYS Dept. of Health |
| 1:2018cv01085 |
| September 11, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 American Disabilities Act |
| None |
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| Document Text |
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Filing 4
REPORT-RECOMMENDATION AND ORDER re #2 MOTION for Leave to Proceed in forma pauperis. ORDERED, that plaintiffs application to proceed IFP (dkt. no. 2) is GRANTED, and it is RECOMMENDED, that plaintiffs Complaint (dkt. no. 1) be DISMISSED:insofar as plaintiff seeks monetary damages against the New York State Department of Health, it is RECOMMENDED that this request be dismissed WITH PREJUDICE as monetary damages are barred by the Eleventh Amendment; however, it is recommended that the dismissal be WITHOUT PREJUDICE to plaintiffs ability to amend should plaintiff wish to pursue injunctive relief. Objections to R&R due by 11/26/2018 Case Review Deadline 11/30/2018. Signed by Magistrate Judge Christian F. Hummel on 11/9/2018. (Copy served via regular and certified)(khr)
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| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed (jdp, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Tina Scott-Harris. (Attachments: #1 Proposed Summons) Motions referred to Christian F. Hummel. (jdp, ) |
| Filing 1 COMPLAINT against NYS Dept. of Health filed by Tina Scott-Harris. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(jdp, ) |
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