Elderkin v. Romeo et al

United States District Court Northern District of New York
Case #: 9:20-cv-01043
Circuit: 2nd
Cause: 42:1983 Prisoner Civil Rights

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Plaintiffs:

Elderkin, Marcus

Defendants:

Doe, Clarence

Doe, Ivan

Romeo, Lamar

The Addictions Care Center,

2022-01-12: ORDER: ORDERS that Magistrate Judge Dancks' 47 October 18, 2021 Order and Report-Recommendation is ADOPTED in its entirety for the reasons set forth herein. ORDERS that Defendant's motion to dismiss (Dkt. No. 36) is GRANTED. ORDERS that Plaintiff's amended complaint (Dkt. No. 16) is DISMISSED with leave to replead. ORDERS that Plaintiff shall file a second amended complaint within THIRTY (30) DAYS of the date of this Order. ORDERS that if Plaintiff fails to file a second amended complaint within thirty (30) days of the date of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case without further order from this Court. Signed by U.S. District Judge Mae A. D'Agostino on January 12, 2022. {order served via regular mail on plaintiff}(nas)

2021-10-18: ORDER AND REPORT-RECOMMENDATION: RECOMMENDED that Defendant's motion to dismiss the amended complaint (Dkt. No. 36), be GRANTED. RECOMMENDED that the Court DISMISS Plaintiff's amended complaint (Dkt. No. 16) with LEAVE TO REPLEAD. Signed by Magistrate Judge Therese Wiley Dancks on October 18, 2021. [ Objections to R&R due by 11/1/2021 Case Review Deadline 11/4/2021]{r&r served via regular mail on plaintiff}(nas)