Cruz v. The State of New York et al
Kiplind L. Cruz |
The State of New York, Cortland County, Chenango County, Onondaga County, William Ames, Julie Campbell, Chenango County Department of Social Services, Cortland County Department of Social Services, CPS / DSS, Natalie Minor, Nicole Cruz and S. Francis Williams |
5:2017cv00510 |
May 9, 2017 |
US District Court for the Northern District of New York |
Syracuse Office |
Cortland |
Therese Wiley Dancks |
Brenda K. Sannes |
Other Civil Rights |
42 U.S.C. ยง 1981 |
None |
Available Case Documents
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Filing 16 ORDER adopting 15 Report and Recommendations in its entirety; denying 8 Motion for Preliminary Injunction and temporary restraining order as moot; denying 9 Motion to Amend/Correct. ORDERED that Plaintiff's petition for writ of habe as corpus (Dkt. No. 1 ) is DISMISSED WITH PREJUDICE and that no state court proceedings have been properly removed to this Court. ORDERED that Plaintiff's complaint (Dkt. No. 1-2) is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for failur e to state a claim upon which relief may be granted, and that, with the exception of Plaintiff's sex discrimination claim which is the subject of his Human Rights Division complaint, the dismissal is WITH PREJUDICE. ORDERED that Plaintiff is gra nted leave to file an amended complaint with respect to the sex discrimination claim which is the subject of his Human Rights Division complaint, within thirty (30) days from the date of this Order; if Plaintiff fails to file an amended complaint wit hin the thirty (30) days, that this action be closed without further Order of the Court. ORDERED that the determinations in this matter have no effect on the legal rights of Plaintiff's minor children. Signed by Judge Brenda K. Sannes on 12/4/17. (Copy served on plaintiff via regular and certified mail)(rjb, ) |
Filing 6 ORDER STAYING CASE: It is Ordered that the # 2 Motion for Leave to Proceed in forma pauperis filed by Kiplind L. Cruz is GRANTED, It is further Ordered that this case be STAYED for ninety days in order to give Plaintiff time toretain counsel with r egard to all claims being pursued on behalf of his minor children, to move for appointment of counsel, or to file an amended notice of removal and amended complaint deleting all claims asserted on behalf of Plaintiffs minor children. Status Report du e by 9/11/2017. If no status report is filed, the Court will issue a Report and Recommendation that will recommend that the complaint be dismissed without prejudice. Unpublished decision attached and served upon the pro se plaintiff. Signed by Magistrate Judge Therese Wiley Dancks on 6/13/2017. (Copy served upon the pro se plaintiff via regular mail) (jmb) |
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