Prince et al v. Department of Social Services of Oneida County et al

Filing 15

DECISION & ORDER: It is Ordered that the # 1 Complaint be DISMISSED with prejudice and the regarding the # 12 Amended Complaint it is Ordered that all but the due process claims be DISMISSED with prejudice. The new Amended Complaint is referred back to Magistrate Judge Baxter for his review. Signed by Judge David N. Hurd on 9/15/2017. (Copy served upon the pro se plaintiffs via regular mail) (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ELDORA PRINCE and NGCOBA ATKINS, Plaintiffs, -v- 6:16-CV-440 (DNH/ATB) DEPARTMENT OF SOCIAL SERVICES OF ONEIDA COUNTY; and LUCILLE SOLDADO, Commissioner, Defendants. -------------------------------APPEARANCES: ELDORA PRINCE NGCOBA ATKINS Plaintiffs pro se 636 James Street Utica, NY 13501 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiffs Eldora Prince and Ngcoba Atkins brought this action pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act. On August 31, 2016, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by ReportRecommendation that plaintiffs' due process claims as outlined be dismissed without prejudice to filing a new proposed amended complaint within forty-five (45) days of the date of this Decision and Order, and that the remainder of the original and the amended complaint be dismissed with prejudice. Magistrate Judge Baxter further recommended that should plaintiffs file a new amended complaint within the referenced time frame, that the file be returned to him for further review. No objections to the Report-Recommendation have been filed. However, plaintiffs filed an amended complaint the same day the ReportRecommendation was entered. 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 ORDERED that 1. The remainder of the original and the amended complaint, except for the due process claims, be DISMISSED with prejudice; and 2. The new amended complaint is referred back to Magistrate Judge Baxter for his review. IT IS SO ORDERED. Dated: September 15, 2017 Utica, New York. -2-

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