Lewis v. Michaud et al

Filing 11

DECISION & ORDER: The Court hereby ACCEPTS and ADOPTS the # 8 Report and Recommendations; and the 9 Letter Motion for leave to add additional facts/parties along with the # 10 Letter Motion for an extension of time to Amend the Complaint and ob tain counsel are DENIED as MOOT. Plaintiff is given 30 days to file an Amended Complaint, (Amended Pleadings due by 3/14/2018). It is Ordered that should plaintiff fail to file an amended complaint within 30 days the # 1 Complaint filed by Shawn Lewis will be DISMISSED, without further Order of the Court pursuant to 28 USC section 1915 for failure to state a claim. Signed by Senior Judge Thomas J. McAvoy on 2/12/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
SHAWN LEWIS,
Plaintiff,
-v-

Civ. No. 8:17-CV-1360
(TJM/DJS)

PAULA MICHAUD, et al.,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action was referred to the Hon. Daniel J. Stewart, United States

Magistrate Judge, for an initial review pursuant to 28 U.S.C. § 1915(e). No objections to
Magistrate Judge Stewart’s January 17, 2018 Report-Recommendation and Order [Dkt. # 8]
have been filed, and the time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation and Order is not subject to attack f or plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and

Order [Dkt. # 8] for the reasons stated therein. Therefore, it is hereby
ORDERED that plaintiff is given thirty (30) days from the date of this Decision and
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Order in which to file an Amended Complaint correcting the format and expanding upon the
facts that would support his claim for entitlement to relief. Plaintiff is advised that an
amended complaint supersedes in all respects the prior pleading. Therefore, if plaintiff
files an amended complaint, he must properly allege in the amended complaint all
factual bases for all claims asserted therein, and the amended complaint must be in
compliance with Rules 8 and 10 of the Federal Rules of Civil Procedure. And, it is
further
ORDERED that should plaintiff fail to file an amended complaint within thirty (30)
days from the date of this Decision and Order, plaintiff’s Complaint (Dkt. # 1) will be
DISMISSED, without further action by the Court, pursuant to 28 U.S.C. § 1915 f or failure to
state a claim. And it is further
ORDERED that should plaintiff intend to assert claims on behalf of any minor child,
he must either retain counsel for that child within the thirty-day time period for amendment
or apply for appointment of counsel for the minor child at the time he files an amended
complaint. And it is further
ORDERED that plaintiff’s motions for leave to add additional parties and
facts/citations, Dkt. # 9, and for an extension of time to amend the complaint and to obtain
counsel, Dkt. # 10, are DENIED as MOOT.
IT IS SO ORDERED.
Dated: February 12, 2018

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