Jackson v. Wylie et al

Filing 13

DECISION & ORDER: ACCEPTING and ADOPTING the # 11 Report-Recommendation, This action is DISMISSED with leave to replead within 30 days of the date of this Decision and Order. If plaintiff files a timely Second Amended Complaint, it will be forwarde d to the Magistrate Judge for review. If plaintiff fails to file a Second Amended Complaint within thirty days, the Clerk will DISMISS this action without further Order of the Court. Signed by Judge David N. Hurd on 3/15/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RAYMOND L. JACKSON,
Plaintiff,
-v-

8:17-CV-560
(DNH/CFH)

ANDREW J. WYLIE, District Attorney, Clinton
County; TIMOTHY CONNOLLY, Badge #5347,
Investigator; MARK BOIRE, Deputy Sheriff;
PHILLIP VONNORTWICK, Judge; and
CHRISTOPHER HOLLAND, Deputy Sheriff,

Defendants.
-------------------------------APPEARANCES:
RAYMOND L. JACKSON
Plaintiff pro se
15-A-3740
Clinton Correctional Facility
P.O. Box 2001
Dannemora, NY 12929

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Raymond L. Jackson brought this civil rights action pursuant to 42
U.S.C. § 1983. On November 7, 2017, the Honorable Christian F. Hummel, United States
Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be
dismissed without prejudice and with opportunity to amend. Plaintiff filed timely objections to
the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. This action is DISMISSED with leave to replead within thirty days of the date of this
Decision and Order;
2. If plaintiff files a timely second amended complaint, it be forwarded to the
Magistrate Judge for review; and
3. If plaintiff fails to file a second amended complaint within thirty days of the date of
this Decision and Order, the Clerk dismiss the action without further order.
IT IS SO ORDERED.

Dated: March 15, 2018
Utica, New York.

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