Welch v. Fitzgerald et al
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|Date Filed||#||Document Text|
|October 4, 2018
MEMORANDUM-DECISION AND ORDER adopting Report and Recommendations re 8 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Baxter's May 16, 2018 Order and Report-Recommendation is ADOPTED in its entirety; and the Cour t further ORDERS that Plaintiff's complaint is DISMISSED WITH PREJUDICE as against Defendants Riggi and Colon pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); and the Court further ORDERS that Plaintiff's complaint is DISMISSED WIT HOUT PREJUDICE as against Defendants Fitzgerald, Hurley, Hochmuth, and County of Schenectady pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and the Court further ORDERS that Plaintiff is granted SIXTY (60) DAYS from the date of this Memorandum-Decision and Order to submit a proposed amended complaint for review; and the Court further ORDERS that this matter is referred to Magistrate Judge Baxter for review of the amended complaint; and the Court further ORDERS t hat if Plaintiff fails to file an amended complaint within sixty (60) days of the date of this Memorandum-Decision and Order, the Clerk of the Court shall enter judgment in Defendants' favor without further order of this Court and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/4/2018. (Copy served via regular mail)(ban)
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