Kelly v. Guilderland Police Department

Filing 9

DECISION and ORDER denying 4 Motion. ORDERED that 1. Plaintiff's amended complaint, ECF No. 8, is referred back to Magistrate Judge Hummel for review; and 2. Plaintiff's application for an order directing service by the United States Ma rshals Service, ECF No. 4, is denied without prejudice with the opportunity to renew after Magistrate Judge Hummel's review of the amended complaint. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/14/2020. (Copy served via regular mail)(khr)

Case 8:20-cv-00235-DNH-CFH Document 9 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------STEPHEN KELLY,
Plaintiff,

8:20-CV-235
(DNH/CFH)

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GUILDERLAND POLICE DEPARTMENT,

Defendant.
-------------------------------APPEARANCES:
STEPHEN KELLY
Plaintiff pro se
18-A-3202
Gouverneur Correctional Facility
P.O. Box 480
Gouverneur, NY 13642
DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Stephen Kelly commenced this action on March 2, 2020. On
September 10, 2020, the Honorable Christian F. Hummel, United States Magistrate Judge,
advised by Report-Recommendation that defendant Town of Guilderland Police Department
be dismissed as a party from this action and that plaintiff's complaint be dismissed without
prejudice but with leave to amend. No objections to the Report-Recommendation have been
filed. However, before the issuance of a Decision and Order ruling on the ReportRecommendation, plaintiff filed an amended complaint naming "Guilderland Police

Case 8:20-cv-00235-DNH-CFH Document 9 Filed 10/14/20 Page 2 of 2

Department Officer Badge No.: 8813." ECF No. 8.
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). Plaintiff's amended complaint will be forwarded to Magistrate Judge Hummel for
further review.
Therefore, it is
ORDERED that
1. Plaintiff's amended complaint, ECF No. 8, is referred back to Magistrate Judge
Hummel for review; and
2. Plaintiff's application for an order directing service by the United States Marshals
Service, ECF No. 4, is denied without prejudice with the opportunity to renew after Magistrate
Judge Hummel's review of the amended complaint.
IT IS SO ORDERED.

Dated: October 14, 2020
Utica, New York.

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