Fetcho v. New York State Department of Taxation and Finance

Filing 34

MEMORANDUM AND ORDER - Plaintiff is directed to submit, within twenty-one (21) days, a clean copy of the Amended Complaint for the Court's consideration. The text of this copy should be exactly the same as the document that Plaintiff filed on May 17, 2011. The Clerk of the Court is respectfully directed to mail Plaintiff a copy of this Order. So Ordered by Judge Joanna Seybert on 12/20/2011. C/M; C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------X
MICHAEL FETCHO,
Plaintiff,
-against-

MEMORANDUM & ORDER
10-CV-3881(JS)(WDW)

NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE,
Defendant.
--------------------------------------X
APPEARANCES:
For Plaintiff:

Michael Fetcho, pro se
23 Moss Lane
Levittown, NY 11756

For Defendant:

Toni E. Logue, Esq.
NYS Attorney General's Office
200 Old Country Road, Suite 460
Mineola, NY 11501

SEYBERT, District Judge:
Pro

se

Plaintiff

Michael

Fetcho

sued

Defendant

New

York State Department of Taxation and Finance asserting, among
other things, claims for employment discrimination.

Defendant

moved for leave to amend his complaint (Docket Entry 17) on
March 1, 2011.

Thereafter, on May 5, 2011, Defendant moved for

a judgment on the pleadings.

Then--although the Court had not

addressed either motion--Plaintiff filed an Amended Complaint on
May 17, 2011.

(Docket Entry 26.)

Defendant moved to dismiss

the Amended Complaint on June 6, 2011.

Plaintiff’s Amended Complaint is marred by a series of
dark streaks (presumably caused by a malfunctioning printer or
photocopier)

rendering

parts

of

the

pleading

illegible,

particularly now that it has been scanned on the Court’s ECF
system.

(See Docket Entry 26.)

The Court does not decide here

whether it will consider the substance of Plaintiff’s Amended
Complaint, which was filed without the Court’s leave, and it
intends to address all outstanding motions at once.

First,

though, Plaintiff is directed to submit, within twenty-one (21)
days, a clean copy of the Amended Complaint for the Court’s
consideration.

The text of this copy should be exactly the same

as the document that Plaintiff filed on May 17, 2011.
CONCLUSION
Within twenty-one (21) days, Plaintiff shall file a
clean copy of his Amended Complaint.

The Clerk of the Court is

respectfully directed to mail Plaintiff a copy of this Order.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

December
20 , 2011
Central Islip, New York

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