Guarneri v. Schoharei County Dept of Socail Service et al (1:21-cv-00991-TJM-ML)

JUDGMENT in favor of Acting Commisioner Jullie Sammon, Case Worker Leann Bradt, Commisioner Donna.Becker, Governor.Cuomo, Office of Temporary and Disablility Assistance, Schoharei County Dept of Socail Service, Worker Kaylthin.Russel, Worker Melissa Goodearu against Joseph Guarneri. IT IS ORDERED AND ADJUDGED that Plaintiff's claims pursuant to (1) 42 U.S.C. § 1983 against Defendants Schoharie County, Becker, Sammon, Goodearu, Russel, and Brandt, (2) 42 U.S.C. § 1983 against Defen dant Cuomo in his individual capacity, (3) the ADA, and (4) New York state common law negligence, are DISMISSED WITH LEAVE TO REPLEAD pursuant to 28 U.S.C. § 1915(e)(2)(B); and, it is further ORDERED that Plaintiff's claims pursuant to 42 U .S.C. § 1983 against Defendants Office of Temporary and Disability Assistance and Cuomo in his official capacity are DISMISSED WITHOUTLEAVE TO REPLEAD pursuant to 28 U.S.C. § 1915(e)(2)(B). (Copy served via regular and certified mail) (ztc, )

DECISION and ORDER re (Document 4) Report and Recommendations. Accordingly, Judge Lovrics Order and Report-Recommendation, Dkt. No. 4, is ACCEPTED and ADOPTED. Thus, it is hereby ORDERED that Plaintiffs claims pursuant to (1) 42 U.S.C. § 1983 against De fendants Schoharie County, Becker, Sammon, Goodearu, Russel, and Brandt, (2) 42 U.S.C. § 1983 against Defendant Cuomo in his individual capacity, (3) the ADA, and (4) New York state common law negligence, are DISMISSED WITH LEAVE TO REPLEAD purs uant to 28 U.S.C. § 1915(e)(2)(B); and, it is further ORDERED that Plaintiffs claims pursuant to 42 U.S.C. § 1983 against DefendantsOffice of Temporary and Disability Assistance and Cuomo in his official capacity are DISMISSED WITHOUT LEAVE TO REPLEAD pursuant to 28 U.S.C. § 1915(e)(2)(B); and it is further ORDERED that Plaintiff is granted leave of thirty (30) days from the date of this Decision and Order in which to file an amended complaint. If Plaintiff files an amended compla int within thirty (30) days of the date of this Decision and Order, the Clerk of the Court is directed to send it to Judge Lovric for initial review. If Plaintiff does not file an amended complaint within thirty (30) days of the date of this Decision and Order, the Clerk of the Court is directed to close the file in this case. Signed by Senior Judge Thomas J. McAvoy on May 10, 2022. (Copy served via regular and certified mail)(ztc, )

ORDER and REPORT-RECOMMENDATIONS that Plaintiff's application to proceed in forma pauperis (Dkt. No. 3) is GRANTED; and it is further respectfully RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD Plaintiff's claims pursuant to (1) 4 2 U.S.C. § 1983 against Defendants Schoharie County, Becker, Sammon, Goodearu, Russel, and Brandt, (2) 42 U.S.C. § 1983 against Defendant Cuomo in his individual capacity, (3) the ADA, and (4) New York state common law negligence, for failu re to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B); and it is further respectfully RECOMMENDED that the Court DISMISS WITHOUT LEAVE TO REPLEAD Plaintiff's claims pursuant to 42 U.S.C. § 1983 agai nst Defendants Office of Temporary and Disability Assistance and Cuomo in his official capacity, because those claims seek monetary relief against Defendants who are immune from such relief pursuant to 28 U.S.C. § 1915(e)(2)(B). Pursuant to 28 U .S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE AP PELLATE REVIEW. (Objections to R&R due by 1/4/2022, Case Review Deadline 1/7/2022) Signed by Magistrate Judge Miroslav Lovric on December 21, 2021. (Copy served via regular mail with Case Law)(ztc, ) (Additional attachment(s) added on 12/21/2021: # (Document 1) Unpublished Cases) (ztc, ).