Petty v. Bono et al
| Private Attorney Gen Duane M Petty |
| Treasurer Kim Enea, Vincent J Bono, Assesor Susan Meeker, County Administrator James W. Wallace, County Clerk Sylvia M Rowan, Herkimer County Assistant Attorney Charles Crandal, Attorney Lorraine H Lewandrowski, Judge Thaddeus Luke, Herkimer County Legislator and District 11 Chairman |
| 6:2022cv00620 |
| June 10, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Real Property: Foreclosure |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Clerk respectfully reminds Pro Se plaintiff Private Attorney Gen Duane M Petty that Objections to the R&R are due by 8/11/2022. (gmd, ) |
Filing 7
ORDER and REPORT-RECOMMENDATION: it is ORDERED that Plaintiffs application to proceed in forma pauperis (Dkt. No. #2 ) is GRANTED; and it is further RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD Plaintiffs Amended Complaint (Dkt. No. #6 ) to the extent that it asserts (1) a claim pursuant toRICO against Defendants in their individual capacities, and (2) any state law claims, because they fail to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DISMISS WITHOUT LEAVE TO REPLEAD Plaintiffs Amended Complaint (Dkt. No. #6 ) to the extent that it asserts (1) a RICO claim against Defendants in their official capacities, and (2) claims pursuant to 18 U.S.C. 241, 371, 2332b and New York Penal Law 496.05, because they fail to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DENY Plaintiffs request for a preliminary injunction (Dkt. No. #3 ); and it is furtherORDERED that the Clerk of the Court shall serve a copy of this Order Report-Recommendation on Plaintiff, along with copies of the unpublished decisions cited herein in accordance with the Second Circuits decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Signed by Magistrate Judge Miroslav Lovric on 7/28/2022. (Attachments: #1 Unpublished Cases)(Copy served via regular mail)(gmd, )
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| Filing 6 AMENDED COMPLAINT against Vincent J Bono, Kim Enea, Herkimer County Assistant Attorney Charles Crandal, Lorraine H Lewandrowski, Thaddeus Luke, Susan Meeker, Sylvia M Rowan, James W. Wallace, District 11 Chairman, and Herkimer County Legislator filed by Duane M Petty. (Attachments: #1 Envelope)(gmd, ) |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (gmd, ) |
| Filing 4 PRO SE HANDBOOK, LOCAL RULES, and NOTICE issued and explained to Duane M Petty at time complaint was filed. (gmd, ) |
| Filing 3 Letter Motion from Duane M. Petty requesting Injunction. (gmd, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Duane M Petty (Attachments: #1 Proposed Summons as to Treasurer Kim Enea, Vincent J Bono, Assesor Susan Meeker, County Administrator James W. Wallace, County Clerk Sylvia M Rowan, Herkimer County Assistant Attorney Charles Crandal, Attorney Lorraine H Lewandrowski, and Judge Thaddeus Luke ) Motions referred to Miroslav Lovric. (gmd, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Vincent J Bono, Kim Enea, Herkimer County Assistant Attorney Charles Crandal, Lorraine H Lewandrowski, Thaddeus Luke, Susan Meeker, Sylvia M Rowan, James W. Wallace filed by Duane M Petty. (Attachments: #1 Civil Cover Sheet)(gmd, ) |
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