Klestinez et al v. ACT Team et al

United States District Court Northern District of New York
Case #: 6:21-cv-00696
Circuit: 2nd
Cause: 42:1983 Civil Rights Act

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Plaintiffs:

Klestinez, Stephanie

Klestinez, Steven

Defendants:

ACT Team,

Ally,

Lisa,

Lucas, Amy

Marina,

Office of Mental Health,

Sullivan, Ann

2022-01-12: SUMMARY ORDER - that the 11 Report-Recommendation is ADOPTED in its entirety. That Klestinez's amended complaint (Dkt. No. 10) is DISMISSED. That the Clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 1/12/2022. (Copy served via regular mail)(jel, )

2021-09-16: view Deadline 10/4/2021. Signed by US Magistrate Judge Andrew T. Baxter on 9/16/2021. (Copy served via regular mail)(jel, )REPORT AND RECOMMENDATIONS re 10 Amended Complaint filed by Steven Klestinez : RECOMMENDED, that plaintiff's amended complaint (Dkt. No. 10) be DISMISSED for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). RECOMMENDED, that the dismissal of plaintiff's § 1983 and FHA claims be WITH PREJUDICE. RECOMMENDED, that the dismissal of plaintiff's state law claims be WITHOUT PREJUDICE, but WITHOUT LEAVE TO AMEND. Objections to R&R due by 9/30/2021 Case Re

2021-09-08: of the court. Signed by Senior Judge Gary L. Sharpe on 9/8/2021. (Copy served via regular mail)(jel, )ORDER - That the Order and Report-Recommendation (Dkt. No. 8) is ADOPTED in its entirety. That plaintiff's complaint is DISMISSED WITHOUT PREJUDICE and WITHOUT LEAVE TO AMEND as against defendants Office of Mental Health and ACT TEAM. That plaintiff's complaint is DISMISSED WITHOUT PREJUDICE WITH LEAVE TO AMEND as against defendant Commissioner of Mental Health. That if plaintiff files an amended complaint, he is warned that any amended complaint must be a complete and separate pleading. Plaintiff must state all of his claims in the new pleading and may not incorporate by reference, any part of his original complaint. That any amended complaint shall be filed within thirty (30) days of this order. That if plaintiff files an amended complaint, such proposed amended complaint will be referred to the Magistrate for initial review. That if plaintiff fails to file an amended complaint within the time permitted, the clerk is directed to close this case without further order

2021-08-19: ORDER and REPORT-RECOMMENDATION re 1 Complaint filed by Stephanie Klestinez, Steven Klestinez: Ordered, that plaintiff's motion to proceed IFP (Dkt. Nos. 3-5) is Granted for Purposes of Filing Only; Recommended, that plaintiff's complaint be Dismissed without Prejudice, but without leave to amend, as against defendants OMH and the Act Team; Recommended, that plaintiff's complaint be Dismissed without Prejudice, with leave to amend, as against the Commissioner of Mental Health; Recommended, that if plaintiff does file a proposed amended complaint, plaintiff should be warned that any amended complaint must be a compete and separate pleading. Plaintiff must state all of his claims in the new pleading and may not incorporate by reference, any part of his original complaint; and Recommended, that if the District Court adopts this Order and Report-Recommendation, and plaintiff files a proposed amended complaint, such proposed amended complaint be returned to me for initlar mail on 08/19/2021.)(hmr)ial review.(Objections to R&R due by 9/2/2021, Case Review Deadline 9/7/2021), Motions terminated: 4 MOTION for Leave to Proceed in forma pauperis filed by Steven Klestinez filed by Steven Klestinez, 3 MOTION for Leave to Proceed in forma pauperis filed by Steven Klestinez filed by Steven Klestinez.Signed by US Magistrate Judge Andrew T. Baxter on 08/19/2021. (Copy served upon Steven Klestinez, 11109, Oneida County Correctional Facility, 6075 Judd Road, Oriskany, NY 13424 via regu