Klestinez et al v. ACT Team et al
Filing
9
ORDER - That the Order and Report-Recommendation (Dkt. No. 8) is ADOPTED in its entirety. That plaintiff's complaint is DISMISSED WITHOUT PREJUDICE and WITHOUT LEAVE TO AMEND as against defendants Office of Mental Health and ACT TEAM. That pla intiff's complaint is DISMISSED WITHOUT PREJUDICE WITH LEAVE TO AMEND as against defendant Commissioner of Mental Health. That if plaintiff files an amended complaint, he is warned that any amended complaint must be a complete and separate plea ding. Plaintiff must state all of his claims in the new pleading and may not incorporate by reference, any part of his original complaint. That any amended complaint shall be filed within thirty (30) days of this order. That if plaintiff files an amended complaint, such proposed amended complaint will be referred to the Magistrate for initial review. That if plaintiff fails to file an amended complaint within the time permitted, the clerk is directed to close this case without further order of the court. Signed by Senior Judge Gary L. Sharpe on 9/8/2021. (Copy served via regular mail)(jel, )
Case 6:21-cv-00696-GLS-ATB Document 9 Filed 09/08/21 Page 1 of 3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
STEVEN KLESTINEZ,
Plaintiff,
6:21-cv-696
(GLS/ATB)
v.
ACT TEAM et al.,
Defendants.
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
STEVEN KLESTINEZ
Pro Se
11109
Oneida County Correctional Facility
6075 Judd Road
Oriskany, NY 13424
Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following an Order and
Report-Recommendation (R&R) by Magistrate Judge Andrew T. Baxter, duly
filed August 19, 2021. (Dkt. No. 8.) 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 R&R
for clear error, it is hereby
Case 6:21-cv-00696-GLS-ATB Document 9 Filed 09/08/21 Page 2 of 3
ORDERED that the Order and Report-Recommendation (Dkt. No. 8) is
ADOPTED in its entirety; and it is further
ORDERED that plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE and WITHOUT LEAVE TO AMEND as against defendants
Office of Mental Health and ACT Team; and it is further
ORDERED that plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE WITH LEAVE TO AMEND as against defendant Commissioner
of Mental Health; and it is further
ORDERED that, if plaintiff files an amended complaint, he is warned
that any amended complaint must be a complete and separate pleading.
Plaintiff must state all of his claims in the new pleading and may not
incorporate by reference, any part of his original complaint; and it is further
ORDERED that any amended complaint shall be filed within thirty (30)
days of this order; and it is further
ORDERED that, if plaintiff files an amended complaint, such proposed
amended complaint will be referred to the Magistrate Judge for initial review;
and it is further
ORDERED that, if plaintiff fails to file an amended complaint within the
time permitted, the clerk is directed to close this case without further order of
the court; and it is further
2
Case 6:21-cv-00696-GLS-ATB Document 9 Filed 09/08/21 Page 3 of 3
ORDERED that the Clerk provide a copy of this Order to the plaintiff in
accordance with the Local Rules of Practice.
IT IS SO ORDERED.
September 8, 2021
Albany, New York
3
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