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- nynd;;5:17-cv-00117_de13 RegisterActionDate "2017-04-14" @default.
- nynd;;5:17-cv-00117_de13 RegisterActionDescriptionText "ORDER AND REPORT-RECOMMENDATION: It is ORDERED that Plaintiff's # 5 Second MOTION for Leave to Proceed in forma pauperis is GRANTED. It is further ORDERED that Plaintiff's # 10 request for Magistrate Judge Therese Wiley Dancks' recusal in this case is DENIED. It is RECOMMENDED that Plaintiff's # 11 Amended Complaint be DISMISSED upon initial review, except as to Plaintiff's Fourth, Eighth and Fourteenth Amendment claims against Defendants Riley and Nowak arising out of Plaintiff's conditions of confinement in the Madison County Jail, which the Court RECOMMENDS be allowed to proceed. It is further RECOMMENDED that dismissal of the amended complaint against Defendants Judge Eppolito, Mondrick, and Cowles be with prejudice on absolute immunity grounds. It is further RECOMMENDED that the dismissal of the amended complaint against the Madison County Sheriff's Department and Oneida City Police Department be with prejudice. It is further RECOMMENDED that dismissal of Plaintiff's § 1983 claim for civil conspiracy regarding Margaret asserted against Defendants John and Nancy Kish, Oneida City Police Officer 2F18BCE, Oneida Police Investigator Burgess, the Oneida City Hospital, RN 1250505, and all other Defendants against whom Plaintiff intended to assert the claim, be dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. It is further RECOMMENDED that dismissal of Plaintiff's § 1983 claims for false arrest or imprisonment and malicious prosecution asserted against unidentified Madison County Sheriff's Department personnel, Burgess, and all other Defendants against whom Plaintiff intended to assert the claim, be dismissed without prejudice under Heck. It is further RECOMMENDED that dismissal of the amended complaint against Madison County and the City of Oneida be with prejudice as to all claims dismissed under the Rooker-Feldman doctrine, and without prejudice as to all claims dismissed under Heck and claims arising out of Plaintiff's conditions of confinement. It is further RECOMMENDED that dismissal of the amended complaint against Defendants Meeker and Thompson be with leave to amend only as to Plaintiff's claims arising out of his conditions of confinement. It is further RECOMMENDED that dismissal of the conditions of confinement claims against Joshua 2F18BCE be with leave to amend. It is further RECOMMENDED that the District Court decline to accept supplemental jurisdiction over Plaintiff's state law claims for false arrest or imprisonment, malicious prosecution, conversation, and slander. It is ORDERED that the Clerk provide Plaintiff with copies of this Order and Report-Recommendation, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). (Objections to R&R due by 5/1/2017, Case Review Deadline 5/5/2017) Signed by Magistrate Judge Therese Wiley Dancks on 4/14/2017. [Copy of Order and Report-Recommendation and unpublished decisions served upon pro se plaintiff via regular mail.](mc) (Entered: 04/14/2017)" @default.
- nynd;;5:17-cv-00117_de13 AdministrativeID "14" @default.
- nynd;;5:17-cv-00117_de13 OntologyLabel order @default.
- nynd;;5:17-cv-00117_de13 hasIfpJudgeAttribution Inconclusive @default.
- nynd;;5:17-cv-00117_de13 hasIfpLabel IFP_GRANT @default.
- nynd;;5:17-cv-00117_de13 hasReferenceToOtherEntry nynd;;5:17-cv-00117_de10 @default.
- nynd;;5:17-cv-00117_de13 hasReferenceToOtherEntry nynd;;5:17-cv-00117_de4 @default.
- nynd;;5:17-cv-00117_de13 hasReferenceToOtherEntry nynd;;5:17-cv-00117_de9 @default.