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Dawn Kaminski and Marcus Kaminski v. State of New York

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 20, 2011

DAWN KAMINSKI AND MARCUS KAMINSKI, PLAINTIFFS,
v.
STATE OF NEW YORK DEFENDANTS.

APPEARANCES: DAWN KAMINSKI MARCUS KAMINSKI Plaintiffs, Pro Se 120 Leah Street Utica, New York l1501 DAVID N. HURD United States District Judge

DECISION and ORDER

Plaintiffs, Dawn Kaminski and Marcus Kaminski, commenced this civil rights action in November 2010, pursuant to 42 U.S.C. § 1983. By Report-Recommendation and Order dated December 6, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the complaint (Dkt. No. 1) be dismissed without prejudice. The Magistrate Judge also denied the plaintiff's applications to proceed in forma pauperis. The plaintiffs have filed objections to the Report-Recommendation, as well as what purports to be a "new" complaint (Dkt. No. 12) and a motion for leave to proceed in forma pauperis by Marcus Kaminski.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. The complaint (Dkt. No. 1) is DISMISSED without prejudice;

2. The Clerk is directed to return the file to the Magistrate Judge for review of the complaint filed at Dkt. No. 12, and to address the motion for leave to proceed in forma pauperis filed at Dkt. No.13.

4. The Clerk is further directed to serve the plaintiffs with a copy of this order. IT IS SO ORDERED.

Utica, New York.

20110120

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