Manley v. Champlain Stones

Filing 10

ORDER denying 4 Motion to Appoint Counsel without prejudice; granting 7 Motion for Leave to Proceed in forma pauperis; adopting the 8 Report and Recommendations. The file is referred to US Mag. Stewart for initial review of the amended complaint (9}. Signed by Senior Judge Norman A. Mordue on 11/10/16. Served on pltf by reg. mail. (jlm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________

DUJON MANLEY,
Plaintiff,
vs.

1:16-CV-0796 (NAM/CFH)

CHAMPLAIN STONES; JANE DOE;
JOHN DOE; JOHN DOE,
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Defendants.
________________________________________________
APPEARANCES:

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Dujon Manley
206-471-587
Buffalo Federal Detention Facility
4250 Federal Drive
Batavia, New York 14020
Plaintiff, pro se
NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE
ORDER
On October 11, 2016, after initial review under 28 U.S.C. § 1915(e), United States
Magistrate Judge Christian F. Hummel filed a Report-Recommendation and Order (Dkt. No. 8)

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recommending that the complaint be dismissed and providing plaintiff the opportunity to file an
amended complaint within 30 days. Magistrate Judge Hummel also granted plaintiff’s in forma
pauperis application (Dkt. No. 7) and recommended that plaintiff’s motion (Dkt. No. 4) for
appointment of counsel be denied without prejudice. No party has objected. The Court has
reviewed the file, including the Report-Recommendation and Order, and finds no error.
On October 28, 2016, plaintiff timely filed an amended complaint (Dkt. No. 9).
It is therefore

ORDERED that the Report and Recommendation (Dkt. No. 8) is accepted in its entirety;
and it is further
ORDERED that plaintiff’s motion (Dkt. No. 4) for appointment of counsel is denied
without prejudice; and it is further
ORDERED that the file is referred to United States Magistrate Daniel J. Stewart for initial
review of the amended complaint (Dkt. No. 9); and it is further
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ORDERED that the Clerk of the Court is directed to serve copies of this
Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of
New York.
IT IS SO ORDERED.
Date: November 10, 2016
Syracuse, New York

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