Smith v. Pines et al
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|Date Filed||#||Document Text|
|June 16, 2017
DECISION AND ORDER accepting and adopting # 4 Magistrate Judge Peebles' Report and Recommendation in its entirety. Plaintiffs claims against Defendants Tkach and Eaves in his original Complaint are deemed to be formally defective and in need of correction through an Amended Complaint or they will be DISMISSED with prejudice. Plaintiffs claims against Defendants Pines and Lanouette in his original Complaint are deemed to be substantively defective and not capable of reassertion. The Cle rk of the Court shall amend the docket so as to TERMINATE Spero Pines and Ronald Lanouette as Defendants in this action, but to ADD as Defendants the additional entities and individuals identified in the Amended Complaint (i.e., the Broome County Dep artment of Social Services, Traci Ziegenhagen, Katrina Tokos, Julia Hepworth, Jessica Layman, Susan Patterson, Marissa Carter, Kathleen Santoni, John Choynowski, Jon Peterson, and Berskshire Farm Center). Plaintiffs Amended Complaint (Dkt. No. 5 ) is returned to Magistrate Judge Peebles for his review pursuant to 28 U.S.C. § 1915(e). SO ORDERED by Chief Judge Glenn T. Suddaby on 6/16/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
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