Rivera v. Federal Bureau of Investigation et al
| Mitchell Rivera |
| Federal Bureau of Investigation, James B. Comey, Eric T. Schniederman, Andrew Vale, Diego Rodriguez and George Venizelos |
| 5:2016cv00997 |
| August 11, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| Norman A. Mordue |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
20
ORDER denying 17 Motion for Reconsideration ; denying 17 Motion to Reopen Case. Signed by Senior Judge Norman A. Mordue on 6/8/18. (Copy served via regular mail)(jlm)
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Filing
15
JUDGMENT: It is ORDERED that Magistrate Judge Dancks's Report-Recommendation is ADOPTED in all respects. It is further ORDERED that the Amended Complaint is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i). It is further ORDERED that Plaintiff's Motion to Transfer Venue is DENIED as moot. It is further ORDERED that Plaintiff's Motion to "reconsider previous reports and recommendations" is DENIED. [Copy served upon pro se plaintiff via regular and certified mail.] (mc)
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Filing
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ORDER: that the 5 Order and Report-Recommendation is hereby adopted in its entirety; that the Plaintiff's complaints (Dkt. Nos. 1 and [1-1] are Dismissed on initial review under 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) in part on sovereign im munity grounds, in part as frivolous, and in part for failure to state a claim; that Plaintiff's claims against Defendants under the Second, Third, Eighth, Ninth, and Tenth Amendments and under 15 U.S.C. §§ 2, 13,; 17 U.S.C. § 7; 5, 11; and 18 U.S.C. §§ 241, 242, 245, 247, and 249, and Bivens claims against the FBI and against Defendants Comey, Vale, Rodriguez and Venizelos in their official capacities are Dismissed with Prejudice. The following claims are Dism issed without prejudice and with leave to amend: (1) Bivens claims, if any, for money damages against Comey, Vale, Rodriguez, and Venizelos in their individual capacities; (2) claims for injunctive relief against the FBI, Comey, Vale, Rodriguez, and Venizelos; and (3) Plaintiff's 1983 claim against Defendant Schneiderman; that if plaintiff wishes to proceed with the claims referenced in the previous paragraph he must file an amended complaint within thirty (30) days from the date of filing of this order; that if plaintiff chooses to file an amended complaint, he should include all of his claims in a single amended complaint which shall supercede and replace his two original complaints in their entirety; and that he include in his amend ed complaint factual allegations describing the incidents of alleged wrongdoing and the role of each named defendants therein sufficiently to allow the Court to assess whether a plausible claim has been stated against them and that the Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. Signed by Senior Judge Norman A. Mordue on 10/17/2016. (hmr)
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