Baker v. Department of Veteran Affairs
Melody Joy Baker |
Department of Veteran Affairs |
5:2019cv01056 |
August 27, 2019 |
US District Court for the Northern District of New York |
Andrew T Baxter |
Lawrence E Kahn |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its entirety; and it is furtherORDERED, that Plaintiffs claims are DISMISSED without prejudice for lack of subject matter jurisdiction; and it is further ORDERED, that Plaintiff may file an amended complaint in accordance with the Report-Recommendation within forty-five days of the date of this Decision and Order; and it is further ORDERED, that if Plaintiff timely files an amended complaint, the Clerk is directed to return the file to Magistrate Judge Baxter for further review; and it is further ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk is directed to close this case without further order of this Court. Signed by Senior Judge Lawrence E. Kahn on October 16, 2019. (Copy served via regular mail)(sas) |
Filing 5 ORDER and REPORT-RECOMMENDATION re #1 Complaint filed by Melody Joy Baker. ORDER that plaintiff's motion to proceed IFP (Dkt. No. 2) is GRANTED FOR PURPORSES OF FILING ONLY. RECOMMENDED that this action be DISMISSED SUA SPONTE WITHOUT PREJUDICE for lack of subject matter jurisdiction. RECOMMENDED that if the District Court adopts this recommendation, plaintiff be given FORTY-FIVE (45) DAYS to file an amended complaint, and if plaintiff files an amended complaint, the court may direct the Clerk to return the proposed amended complaint to me for my review. That if plaintiff fails to file an amended complaint within the allotted by the District Judge or request an extension of time to do so, the action be dismissed without prejudice without further order of the court. ORDERED that plaintiff's motion for appointment of counsel (Dkt. No. 3) is DENIED WITHOUT PREJUDICE ( Objections to R&R due by 9/16/2019, Case Review Deadline 9/19/2019). Signed by US Magistrate Judge Andrew T. Baxter on 8/29/2019. (Copy served via regular mail)(jel, ) |
Filing 4 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. Clerk also provided copy of NYND Local Rules, Pro Se Assistance Program Flyer and Lawyer Referral Services and Legal Aid Offices List. (pjh) |
Filing 3 MOTION to Appoint Counsel filed by Melody Joy Baker, Pro Se. Motion referred to Andrew T. Baxter. (pjh) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Melody Joy Baker, Pro Se. Attachments: #1 Proposed Summons U.S. Attorney General, #2 Proposed Summons U.S. Attorney, #3 Proposed Summons Department of Veteran Affairs)Motion referred to Andrew T. Baxter. (pjh) |
Filing 1 COMPLAINT WITH JURY DEMAND against Department of Veteran Affairs filed by Melody Joy Baker, Pro Se. Attachments: #1 Civil Cover Sheet)(pjh) |
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Plaintiff: Melody Joy Baker | |
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