Dennis v. Grady et al

Filing 8

ORDER that the 7 Report-Recommendation of Magistrate Judge Christian F. Hummel filed September 23, 2014 (Dkt. No. 7) is ACCEPTED in its entirety. That purusant to the Court's review under 28 U.S.C. § 1915, Dennis' complaint is dism issed as barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) and failure to state a claim. That Dennis' remaining motions for (1) emergency injunctive relief (Compl.; Am. Compl.; Dkt. No. 6) and (2) substitution of parties (Dkt. No. 4) are DENIED WITHOUT PREJUDICE. That the Clerk is directed to close the case. Signed by Chief Judge Gary L. Sharpe on 10/16/2014. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------RYAN DENNIS Plaintiff, -v.Civil Action No. 1:14-cv-1084 (GLS/CFH) WILLIAM V. GRADY et al. Defendants. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: RYAN DENNIS Pro Se c/o 1077 Mountain Avenue Purling, New York 12470 GARY L. SHARPE, CHIEF JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Christian F. Hummel, duly filed September 23, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed September 23, 2014 (Dkt. No. 7) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that pursuant to the Court’s review under 28 U.S.C. § 1915, Dennis’ complaint is dismissed as barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) and failure to state a claim; and it is further ORDERED that Dennis’ remaining motions for (1) emergency injunctive relief (Compl.; Am. Compl.; Dkt. No. 6) and (2) substitution of parties (Dkt. No. 4) are DENIED WITHOUT PREJUDICE; and it is further ORDERED, that the Clerk is directed to close the case; and it is further ORDERED that the Clerk provide a copy of this Order upon the plaintiff by certified mail. IT IS SO ORDERED. Dated: October 16, 2014 Albany, New York 2

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