J. & W. Trading and Leasing Inc. et al v. State of New York et al

Filing 22

ORDER - That the Report and Recommendation (Dkt. No. 18) is ADOPTED in its entirety. That plaintiff J. & W. Trading and Leasing, Inc. is terminated from the action. That defendant State of New York is dismissed from the action. That the claims as serted against defendants Bank of America, John Doe 5 9 identified in the amended complaint as "Bank of America Branch Manager"), and Woodhaven Apartments are dismissed, without prejudice, to plaintiff James Mhina's right to file a sec ond complaint that cures the deficiencies identified in the report-recommendation regarding those claims. That, in the event plaintiff James Mhina does not avail himself of the opportunity to amend, the amended complaint be accepted for filing and defendants be directed to respond except those claims against defendants Bank of America, John Doe 5, and Woodhave Apartments be dismissed with prejudice. Issued by Judge Gary L. Sharpe on 10/15/2015. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
JAMES P. MHINA, C.E.O. and J. & W.
TRADING & LEASING, INC.,
PlaintiffS,

5:15-cv-327
(GLS/DEP)

v.
BETH VAN DOREN, Assistant District
Attorney for Onondaga County, et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFFS:
JAMES P. MHINA
Pro Se Plaintiff
P.O. Box 133
Syracuse, New York 13201
Gary L. Sharpe
District Judge

ORDER
The above-captioned matter comes to this court following a Report,
Recommendation, and Order by Magistrate Judge David E. Peebles, duly
filed on September 22, 2015. (Dkt. No. 18.) 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
Report and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 18) is
ADOPTED in its entirety; and it is further
ORDERED that plaintiff J. & W. Trading and Leasing, Inc. is
terminated from the action; and it is further
ORDERED that defendant State of New York is dismissed from the
action; and it is further
ORDERED that the claims asserted against defendants Bank of
America, John Doe 5 (identified in the amended complaint as “Bank of
America Branch Manager”), and Woodhaven Apartments are dismissed,
without prejudice, to plaintiff James Mhina’s right to file a second amended
complaint that cures the deficiencies identified in the reportrecommendation regarding those claims; and it is further
ORDERED that, in the event plaintiff James Mhina does not avail
himself of the opportunity to amend, the amended complaint be accepted
for filing and defendants be directed to respond, except that the claims
asserted against defendants Bank of America, John Doe 5, and
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Woodhaven Apartments be dismissed with prejudice; 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 15, 2015
Albany, New York

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