Burdick v. Town of Schroeppel et al
Steven D. Burdick |
Town of Schroeppel, Armen J. Nazarain, Salvatore Lanza, Donald Todd, James G. Cloonan and Oswego County NY |
5:2016cv01393 |
November 21, 2016 |
US District Court for the Northern District of New York |
Syracuse Office |
Oswego |
Mae A. D'Agostino |
Therese Wiley Dancks |
Other Civil Rights |
42 U.S.C. ยง 1983 |
None |
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Filing 17 ORDER adopting Report and Recommendations re 13 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Dancks' January 31, 2017 Order and Report-Recommendation (Dkt. No. 13) is ADOPTED to the extent consistent with this Order; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 9) is DISMISSED without leave to amend as barred under Heck v. Humphrey, 512 U.S. 477 (1994); and the Court further ORDERS that Plaintiff's 42 U.S.C. 7; 1983 claims against Justice Nazarian, Judge Todd, Lanza, Oswego County, and the Town of Schroeppel are DISMISSED with prejudice, with the exception of Plaintiff's Sixth Amendment right to a speedy trial claim, which is DISMISSED without pr ejudice; and the Court further ORDERS that Plaintiff's 18 U.S.C. §§ 241 and 242 claims against Defendants are DISMISSED with prejudice; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants 9; favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/6/17. (Copy served via regular and certified mail)(ban) |
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