Filed: Mar. 17, 2017
Latest Update: Mar. 17, 2017
Summary: MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE , Senior District Judge . On January 5, 2017, United States Magistrate Judge Th r se Wiley Dancks issued an Order and Report-Recommendation (Dkt. No. 27) upon initial review of plaintiff's pro se amended complaint recommending that the amended complaint be dismissed with prejudice as against District Attorney Soares and Albany County, and allowed to proceed against the remaining defendants. On January 20, 2017, plaintiff filed an objection (D
Summary: MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE , Senior District Judge . On January 5, 2017, United States Magistrate Judge Th r se Wiley Dancks issued an Order and Report-Recommendation (Dkt. No. 27) upon initial review of plaintiff's pro se amended complaint recommending that the amended complaint be dismissed with prejudice as against District Attorney Soares and Albany County, and allowed to proceed against the remaining defendants. On January 20, 2017, plaintiff filed an objection (Dk..
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MEMORANDUM-DECISION AND ORDER
NORMAN A. MORDUE, Senior District Judge.
On January 5, 2017, United States Magistrate Judge Thérèse Wiley Dancks issued an Order and Report-Recommendation (Dkt. No. 27) upon initial review of plaintiff's pro se amended complaint recommending that the amended complaint be dismissed with prejudice as against District Attorney Soares and Albany County, and allowed to proceed against the remaining defendants. On January 20, 2017, plaintiff filed an objection (Dkt. No. 32). On February 21, 2017, defendants Jason Martin, Jason Seward, Steve Korkoff, and the City of Albany moved (Dkt. No. 34) for dismissal for failure to state a claim. This motion, however, is premature, inasmuch as the Court has not yet issued its decision accepting, rejecting, or modifying the Order and Report-Recommendation.
It is therefore
ORDERED that the motion (Dkt. No. 34) for dismissal by defendants Jason Martin, Jason Seward, Steve Korkoff, and the City of Albany is denied without prejudice to renewal after the Court issues its decision on the Order and Report-Recommendation; and it is further
ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED.
