Kilcher v. New York State Police
| Brittany Kilcher |
| New York State Police |
| 1:2019cv00157 |
| February 7, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 5
ORDER and REPORT-RECOMMENDATION re #1 Complaint and #2 MOTION for Leave to Proceed in forma pauperis filed by Brittany Kilcher. ORDERED that Plaintiff's #2 IFP application is GRANTED. RECOMMENDED that Plaintiff be granted thirty days from the date the District Court files its order on this Court's Report-Recommendation within which to file an amended complaint, for initial review by this Court, naming a proper defendant or defendants not subject to the Eleventh Amendment bar as defendant(s) in this action. It is further RECOMMENDED that upon the expiration of the thirty days granted Plaintiff to file an amended complaint, the original #1 complaint be dismissed against defendant New York State Police under 28 U.S.C. 1915(e)(B)(iii) and Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction, whether or not Plaintiff has filed an amended complaint. Objections to R&R due by 3/8/2019. Case Review Deadline 3/12/2019. Signed by Magistrate Judge Therese Wiley Dancks on 2/19/2019. (Copy served via regular mail) (dpk)
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| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (Mailed hard copy to pro se plaintiff) (dpk) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed (dpk) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Brittany Kilcher. (Attachments: #1 Proposed Summons as to New York State Police) Motions referred to Therese Wiley Dancks. (dpk) |
| Filing 1 COMPLAINT against New York State Police filed by Brittany Kilcher. (Attachments: #1 Civil Cover Sheet) (dpk) |
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| Plaintiff: Brittany Kilcher | |
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| Defendant: New York State Police | |
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