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Ford v. Krusen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 15, 2008

COREY FORD, PLAINTIFF,
v.
ROBERT KRUSEN, DONALD SELSKY, AND ANDREW HARVEY, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Magistrate Judge Peebles' December 7, 2007 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that Magistrate Judge Peebles' conclusion that the state courts' determinations addressing and rejecting Plaintiff's arguments are entitled to preclusive effect, barring relitigation of those claims in the context of this action is ADOPTED for the reasons stated therein; and the Court further

ORDERS that, within thirty (30) days from the filing date of this Order, Plaintiff may file an amended complaint which shall supersede and replace in its entirety Plaintiff's original complaint and which must allege acts of misconduct or wrongdoing against Defendant(s) that Plaintiff has a legal right to pursue (that is, claims that are not precluded) and over which this Court may properly exercise jurisdiction; and the Court further

ORDERS that, if Plaintiff fails to comply fully with this Order within thirty (30) days from the filing date of this Order, the Clerk of the Court shall enter judgment dismissing this action without further Order of this Court due to Plaintiff's failure to comply fully with the terms of this Order.

IT IS SO ORDERED.

20080115

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