Sherman v. Holecek et al
DECISION AND ORDER adopting Report and Recommendations re 6 Report and Recommendations: Ordered that Plaintiff's complaint is Dismissed without prejudice and the Clerk is directed to file judgment accordingly and close the case. Signed by U.S. District Judge David N. Hurd on 09/26/2017. (Copy served on pro se plaintiff via regular mail on 9/26/2017.)(hmr)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------EDWARD C. SHERMAN,
MATTHEW R. HOLECEK, Trooper; and JOHN
EDWARD C. SHERMAN
Plaintiff pro se
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Edward C. Sherman brought this civil rights action pursuant to 42
U.S.C. § 1983 against two New York State Troopers. On August 31, 2017, the Honorable
David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that
plaintiff's complaint be dismissed without prejudice because it is duplicative of plaintiff's
pending prior suit (3:16-CV-1342 BKS/DEP, filed November 9, 2016). In light of that
recommendation, Magistrate Judge Peebles advised that plaintiff's motion to proceed without
prepayment of feeds be denied as moot. In a letter response to the Report-
Recommendation, plaintiff explained that he misunderstood the directions provided in his
other lawsuit, and he did not intend to initiate a new civil action. He asked that he be
permitted to proceed with his original action without including the County of Delaware as a
defendant. Plaintiff is advised that his other lawsuit remains pending, and the County of
Delaware was dismissed as a defendant in that case in accordance with the July 11, 2017
Order of the Honorable Brenda K. Sannes, United States District Judg e. To be clear, the
instant action will be dismissed and plaintiff may proceed in his initial action.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28
U.S.C. § 636(b)(1).
Therefore, it is
1. Plaintiff's complaint is DISMISSED without prejudice; and
2. The Clerk is directed to file judgment accordingly and close the file.
IT IS SO ORDERED.
Dated: September 26, 2017
Utica, New York.
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