Jendrzejczak v. Williams et al
Vincent Jendrzejczak |
Brian Roe, Dennis Williams and Kelly Roe |
6:2013cv01239 |
October 4, 2013 |
US District Court for the Northern District of New York |
Utica Office |
Oneida |
Therese Wiley Dancks |
Glenn T. Suddaby |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 11 DECISION and ORDER: ORDERED that Magistrate Judge Dancks' Report-Recommendation is ACCEPTED and ADOPTED in its entirety: ORDERED that the following federal claims in Plaintiff's Amended Complaint are DISMISSED with prejudice; ORDERED that the remaining federal claims in Plaintiff's Amended Complaint shall be DISMISSED with prejudice UNLESS, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files a Second Amended Complaint that corrects the pleading def ects identified by Magistrate Judge Dancks in her Report-Recommendation in the following federal claims; ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, without prejudice to re-filing in state court and subject to reconsideration in the event Plaintiff files a Second Amended Complaint; ORDERED that, in the event that Plaintiff files a Second Amended Complaint within thirty (30) days from the date of this Decision and Order, the Clerk of the Court is directed to return the file to the Magistrate Judge for further review. {Decison & Order served on Plaintiff via regular mail} Signed by Judge Glenn T. Suddaby on 6/6/2014. (mgh) |
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