Burroughs v. Mitchell et al

Filing 30

DECISION AND ORDER: ORDERED that 26 Report and Recommendation is accepted in whole. ORDERED that 21 Motion to Dismiss for Failure to State a Claim is GRANTED; The complaint as against Donald G. Uhler is DISMISSED without prejudice; ORD ERED that Plaintiff is provided an opportunity to amend his complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report- Recommendation. ORDERED that if plaintiff timely files an ame nded complaint within thirty (30) days of the date of this Decision and Order curing the deficiencies noted in the Report-Recommendation, the file be forwarded to United States Magistrate Judge Andrew T. Baxter for further review; and if plaintiff fa ils to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint be dismissed as against defendant Donald G. Uhler without further order. Signed by Judge David N. Hurd on 7/3/19. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------LORCEN BURROUGHS,
Plaintiff,
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9:18-CV-679
(DNH/ATB)

WOODS, Sergeant, Clinton Correctional Facility;
DONALD G. UHLER, Superintendent, Upstate
Correctional Facility; SHATTUCK, Corrections
Sergeant, Upstate Correctional Facility; JANE
DOE #3, Nurse, Upstate Correctional Facility;
JOHN DOE #4, NYS Police Investigator;
JOHN/JANE DOE #5, Corrections Officer,
Emergency Response Younger Officer; JOHN
DOE #6, Corrections Officer, Emergency
Response Older Officer; and JOHN DOE #7,
Investigator, Office of Special Investigations,

Defendants.
-------------------------------APPEARANCES:
LORCEN BURROUGHS
Plaintiff pro se
811 Carter Street
Rochester, NY 14621
HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

DAVID N. HURD
United States District Judge

KONSTANDINOS D. LERIS, ESQ.
Ass't Attorney General

DECISION and ORDER
Pro se plaintiff Lorcen Burroughs brought this civil rights action pursuant to 42
U.S.C. § 1983. On April 25, 2019, the Honorable Andrew T. Baxter, United States Magistrate
Judge, advised by Report-Recommendation that defendant Donald G. Uhler's unopposed
motion to dismiss be granted without prejudice and that the complaint be dismissed as
against him. No objections to the Report-Recommendation have been filed.
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).
Therefore, it is
ORDERED that
1. Defendant Donald G. Uhler's motion to dismiss is GRANTED;
2. The complaint as against Donald G. Uhler is DISMISSED without prejudice;
3. Plaintiff is provided an opportunity to amend his complaint within thirty (30) days
of the date of this Decision and Order to correct the deficiencies identified in the ReportRecommendation;
4. If plaintiff timely files an amended complaint within thirty (30) days of the date of
this Decision and Order curing the deficiencies noted in the Report-Recommendation, the file
be forwarded to United States Magistrate Judge Andrew T. Baxter for further review; and
5. If plaintiff fails to file an amended complaint within thirty (30) days of the date of
this Decision and Order, the complaint be dismissed as against defendant Donald G. Uhler
without further order.

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Dated: July 3, 2019
Utica, New York.

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