Fox v. Albany Medical Center et al
DECISION AND ORDER adopting 5 Report, Recommendation and Order. Ordered that all of pltf's Title VII claims asserted against the individual defts named in the complaint are dismissed without leave to replead, and the individual defts are term inated from this action. Pltf's Title VII discrimination and hostile work environment claims asserted in the complaint against deft Albany Medical Center are dismissed with leave to replead. Pltf's 6 amended complaint is referred to Magis trate Judge Peebles for a 28 U.S.C. 1915(e) initial review. Individual defts Matthew LaPorta, Jeffrey Landry, Jessica Sankey, John Adams and Jennifer Cassin are terminated from this action. Signed by Senior Judge Thomas J. McAvoy on 10/3/17. (Copy served via regular mail)(sfp, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ALBANY MEDICAL CENTER, et al.,
THOMAS J. McAVOY,
Senior United States District Judge
DECISION & ORDER
This pro se employment action was referred to the Hon. David E. Peebles, Chief
United States Magistrate Judge. In his September 11, 2017 Report, Recommendation
and Order, Magistrate Judge Peebles granted plaintiff’s in forma pauperis application and,
after conducting a 28 U.S.C. § 1915(e) initial review, recommended that:
(1) All of plaintiff's Title VII claims asserted against the individual defendants
in this action be DISMISSED without leave to replead;
(2) Plaintiff's Title VII discrimination and hostile work environment claims
asserted against defendant Albany Medical Center be DISMISSED with
leave to replead; and
(3) In the event plaintiff does not avail herself of the opportunity to file an
amended complaint, the case proceed only with respect to plaintiff's Title VII
retaliation claim asserted against defendant Albany Medical Center.
Ord., Rep. & Rec., dkt. # 5, p. 13 (dkt. # 5).
Magistrate Judge Peebles also informed Plaintiff that any amended complaint will
“replace the existing complaint, and must be a wholly integrated and complete pleading
that does not rely upon or incorporate by reference any pleading or document previously
filed with the court.” Id. p. 12 (citing Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128
(2d Cir. 1994) ("It is well established that an amended complaint ordinarily supersedes the
original, and renders it of no legal effect.")).
Plaintiff did not file objections to the Report, Recommendation and Order [dkt. # 5],
and the time to do so has expired. However, Plaintiff filed an amended complaint which
include claims only against Albany Medical Center. See dkt. # 6.
After examining the record, this Court has determined that the Report,
Recommendation and Order is not subject to attack f or plain error or manifest injustice.
Accordingly, the Court ADOPTS the Report, Recommendation and Order [dkt. # 5]
for the reasons stated therein. Thus, it is hereby
(1) All of plaintiff's Title VII claims asserted against the individual defendants named
in the complaint are DISMISSED without leave to replead, and the individual
defendants are terminated from this action;
(2) Plaintiff's Title VII discrimination and hostile work environment claims asserted
in the complaint against defendant Albany Medical Center are DISMISSED with
leave to replead; and
(3) Plaintiff’s amended complaint [dkt. # 6] is referred to Magistrate Judge Peebles
for a 28 U.S.C. § 1915(e) initial review.
IT IS SO ORDERED.
Dated:October 3, 2017
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