Linder v. New York State Police

Filing 12

ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No.10) is ADOPTED in its entirety; and it is further ORDERED that plaintiffs original complaint be dismissed, pursuant to 28 U.S.C. § 1915 and § 1915A for failure to state a claim, however, in light of his pro se status; it is further ORDERED that the court affords the plaintiff thirty (30) days from the date of this order, to file an amended complaint, which he filed on October 17, 2016, (Dkt. No. 11), to correct the format and expand upon the facts that would support his claim for entitlement to relief and it shall be a complete pleading that supersedes his original complaint in all respects an d shall not include any claims that have been dismissed with prejudice by this court (and does not incorporate by reference any portion of his original Complaint); and it is further ORDERED that plaintiff is directed to comply in all respects with Rules 8(1) and 10(b) of the Federal Rules of Civil Procedure, which require, inter alia, that the amended complaint contain a short and plain statement of each claim showing that plaintiff is entitled to relief, and t hat he states his claims in numbered paragraphs, each limited as far as practical to a single set of circumstances; and it is further ORDERED that the amended complaint, (Dkt. No. 11), is referred to Magistrate Judge Stewart for compliance with this court's order and, if necessary, initial review pursuant to 28 U.S.C. §§ 19159(e) and 1915A. Signed by Senior Judge Gary L. Sharpe on 10/18/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DAVID WILLIAM LINDER,
Plaintiff,

1:16-cv-962
(GLS/DJS)

v.
NEW YORK STATE POLICE,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
DAVID WILLIAM LINDER
Plaintiff, pro se
25913-048
Pekin
Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 5000
Pekin, IL 61555
Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly
filed on September 28, 2016. (Dkt. No. 10.) 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,1 and the court having reviewed the
Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
10) is ADOPTED in its entirety; and it is further
ORDERED that plaintiff’s original complaint be dismissed, pursuant
to 28 U.S.C. § 1915 and § 1915A for failure to state a claim, however, in
light of his pro se status; it is further
ORDERED that the court affords the plaintiff thirty (30) days from the
date of this order, to file an amended complaint, which he filed on October
17, 2016, (Dkt. No. 11), to correct the format and expand upon the facts
that would support his claim for entitlement to relief and it shall be a
complete pleading that supersedes his original complaint in all respects
and shall not include any claims that have been dismissed with prejudice
by this court (and does not incorporate by reference any portion of his
original Complaint); and it is further
ORDERED that plaintiff is directed to comply in all respects with

1

The plaintiff did not file any objections to the Order and Report-Recommendation.
The plaintiff filed an amended complaint. (Dkt. No. 11.)

2

Rules 8(1) and 10(b) of the Federal Rules of Civil Procedure, which
require, inter alia, that the amended complaint contain a short and plain
statement of each claim showing that plaintiff is entitled to relief, and that
he states his claims in numbered paragraphs, each limited as far as
practical to a single set of circumstances; and it is further
ORDERED that the amended complaint, (Dkt. No. 11), is referred to
Magistrate Judge Stewart for compliance with this court’s order and, if
necessary, initial review pursuant to 28 U.S.C. §§ 19159(e) and 1915A;
and it is further
ORDERED that the clerk of the court serve a copy of this order upon
the parties in accordance with this court’s Local Rules.
IT IS SO ORDERED.
October 18, 2016
Albany, New York

3