Landry v. Black Lives Matter (RI)
| Norman J. Landry, Jr. |
| Black Lives Matter (RI) |
| 1:2023cv00267 |
| June 28, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| P.I.: Other |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER adopting Magistrate Judge Sullivan's unobjected to #4 Report and Recommendation. The Court agrees that Plaintiff's #1 Complaint fails to state a claim upon which relief can be granted but affords Plaintiff thirty days from the date of this order to file an amended complaint as well as a new, fully completed, IFP application. So Ordered by District Judge William E. Smith on 8/15/2023. (Urizandi, Nissheneyra)
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Filing 4
REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Norman J. Landry, Jr., #1 Complaint filed by Norman J. Landry, Jr. Objections to R&R due by 8/8/2023.. I recommend that it be dismissed at screening for failing to state a plausible claim. However, in light of his pro se status, I also recommend that Plaintiff be afforded thirty days to file an amended pleading with facts sufficient to state a plausible claim if he is able to do so. If Plaintiff fails to file an amended pleading or if the amended pleading still fails to state a claim, I will recommend that this case be dismissed with prejudice. If the amended pleading states a claim over which this Court lacks subject matter jurisdiction, I will recommend that it be dismissed without prejudice. I also order that Plaintiff must refile his IFP application, with the balance filled in, so that the Court can determine whether his IFP motion may be granted. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/25/2023. (Saucier, Martha)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 3 CASE OPENING NOTICE ISSUED (Kenny, Meghan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Norman J. Landry, Jr. (Kenny, Meghan) |
| Filing 1 COMPLAINT, filed by Norman J. Landry, Jr. (Attachments: #1 Civil Cover Sheet)(Kenny, Meghan) |
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| Plaintiff: Norman J. Landry, Jr. | |
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| Defendant: Black Lives Matter (RI) | |
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