Levesque v. Dominy

Filing 4

ORDER - ORDERED that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed March 21, 2014 (Dkt. No. 3) is ADOPTED IN PART as follows; and it is further ORDERED that, if plaintiff wishes to proceed with this action, he must fil e an amended complaint, which complies the terms of the Report-Recommendation and Order, within thirty (30) days from the filing date of this Order; and it is further ORDERED that, upon the filing of an amended complaint, the Clerk shall return the file to the Court for further review; and it is further ORDERED that should plaintiff fail to comply with the terms of this Order, within the time period specified above, this action shall be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to comply with the pleading standards and to state a claim upon which relief may be granted, and/or as frivolous. Signed by Chief Judge Gary L. Sharpe on 4/24/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------ANDRE LEVESQUE
Plaintiff,
-v.Civil Action No.
8:14-cv-298 (GLS/CFH)
WILLIAM DOMINY
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
ANDRE LEVESQUE
Pro Se
Apt. Bulv149
35A Smithfield Blvd
Plattsburgh, New York 12901-2111
GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Christian F. Hummel, duly filed
March 21, 2014. 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
Magistrate Judge’s Report-Recommendation for clear error, it is hereby

ORDERED that the Report-Recommendation of Magistrate Judge
Christian F. Hummel filed March 21, 2014 (Dkt. No. 3) is ADOPTED IN
PART as follows; and it is further
ORDERED that, if plaintiff wishes to proceed with this action, he must
file an amended complaint, which complies the terms of the ReportRecommendation and Order, within thirty (30) days from the filing date of
this Order; and it is further
ORDERED that, upon the filing of an amended complaint, the Clerk
shall return the file to the Court for further review; and it is further
ORDERED that should plaintiff fail to comply with the terms of this
Order, within the time period specified above, this action shall be
DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. §
1915A(b) for failure to comply with the pleading standards and to state a
claim upon which relief may be granted, and/or as frivolous ; and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to
the parties in accordance with the court’s local rules.
IT IS SO ORDERED.
Dated:

April 24, 2014
Albany, New York

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