Byng v. Kelly et al
| Kevin V. Byng |
| Bob Kelly and Bob Connelly |
| 6:2022cv01406 |
| December 29, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 1981 Housing Discrimination |
| None |
Docket Report
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Filing 5
ORDER and REPORT AND RECOMMENDATION: It is hereby ORDERED, that plaintiff's #2 motion to proceed IFP is GRANTED, and it is RECOMMENDED, that plaintiff's First Amendment freedom of association claim against defendants Kelly and Connelly should survive initial review and require a response, and it is RECOMMENDED, that plaintiff's Fair Housing Act racial discrimination claim against defendant Kelly should survive initial review and require a response, and it is RECOMMENDED, that plaintiff's Fair Housing Act racial discrimination claim against defendant Connelly be DISMISSED WITHOUT PREJUDICE, BUT WITH THE OPPORTUNITY TO AMEND, and it is RECOMMENDED, that plaintiff's Eighth Amendment cruel and unusual punishment claim against defendants Kelly and Connelly be DISMISSED WITH PREJUDICE, and it is RECOMMENDED, that plaintiff's imputed 42 U.S.C. 1437d(l)(3) claim against defendants Kelly and Connelly be DISMISSED WITH PREJUDICE, and it is RECOMMENDED, that plaintiff's Fourteenth Amendment substantive due process claims against defendants Kelly and Connelly be DISMISSED WITH PREJUDICE, and it is RECOMMENDED, that all remaining claims be DISMISSED WITHOUT PREJUDICE, BUT WITH THE OPPORTUNITY TO AMEND, and it isRECOMMENDED, that the request for Temporary Injunction be DENIED, and it isRECOMMENDED, that if the District Judge adopts this recommendation, plaintiff be given forty-five (45) days to amend his complaint to the extent authorized,and that plaintiff be advised that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERCEDE THE ORIGINAL, and it is RECOMMENDED, that if the District Court adopts this recommendation, and plaintiff does not elect to amend his complaint, the case be returned to me for any orders relating to service of the complaint on the remaining defendants, and it is RECOMMENDED, that if the District Court adopts this recommendation, and plaintiff files a proposed amended complaint, the proposed amended complaint be returned to me for review of the amended complaint and any further orders relating to service on the defendants, and it is ORDERED, that the Clerk of the Court serve a copy of this Order and Report-Recommendation on plaintiff by regular mail, and it is ORDERED, that while plaintiff may file objections to this Order and Report-Recommendation, he should wait for the District Court to rule on the above Orders and Recommendations before plaintiff submits any proposed amended pleading. ( Objections to R&R due by 3/10/2023, Case Review Deadline 3/13/2023). Signed by US Magistrate Judge Andrew T. Baxter on 2/24/2023. (pjh, )
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Filing 4
NOTICE of Appearance by Michael A. Miranda on behalf of Bob Connelly, Bob Kelly (Miranda, Michael)
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. Copy of Notice and Pro Se Packet with Local Rules and Pro Se Handbook were given to pro se Plaintiff at the counter on 12/29/2022. (jdp )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Kevin V. Byng (Attachments: #1 Proposed Summons Bob Connelly, #2 Proposed Summons Bob Kelly) Motions referred to Andrew T. Baxter. (jdp)
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Filing 1
COMPLAINT against Bob Connelly, Bob Kelly filed by Kevin V. Byng. (Attachments: #1 Civil Cover Sheet)(jdp )
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