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Holyoke v. Holyoke

United States District Court, Northern District of New York
Jul 19, 2021
6:21-CV-239 (N.D.N.Y. Jul. 19, 2021)

Opinion

6:21-CV-239

07-19-2021

GARY ARTHUR HOLYOKE, Plaintiff, v. MARIA HOLYOKE et al., Defendants.

GARY ARTHUR HOLYOKE, Plaintiff, Pro Se.


APPEARANCES:

GARY ARTHUR HOLYOKE, Plaintiff, Pro Se.

ORDER ON REPORT & RECOMMENDATION

DAVID N. HURD, United States District Judge.

On March 2, 2021, pro se plaintiff Gary Arthur Holyoke (“plaintiff') filed this action against his mother and twenty

six others alleging that his family has mistreated him and that his doctors have misdiagnosed him.

On April 9, 2021, U.S. Magistrate Judge Therese Wiley Dancks granted plaintiffs motion for leave to proceed in forma pauperis for the purpose of an initial review. Judge Dancks also advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed without prejudice for failure to comply with federal pleading standards. This Court adopted Judge Dancks's R&R over plaintiff's objections. Dkt. No. 10.

Thereafter, plaintiff filed an amended complaint. Dkt. No. 12. On June 9, 2021, Judge Dancks conducted a review of plaintiff's amended complaint, concluded that it still failed to state any viable legal claims against any named defendants, and advised by R&R that it be dismissed without leave to amend. Dkt. No. 13.

Plaintiff has filed objections. Dkt. No. 14. Upon de novo review of the portions to which plaintiff has objected, the Report & Recommendation will be accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).

Therefore, it is

ORDERED that

1. The Report & Recommendation is ADOPTED; and

2. Plaintiff's complaint is DISMISSED WITHOUT LEAVE TO AMEND.

The Clerk of the Court is directed to enter a judgment accordingly, terminate any pending motions, and close the file.

IT IS SO ORDERED.


Summaries of

Holyoke v. Holyoke

United States District Court, Northern District of New York
Jul 19, 2021
6:21-CV-239 (N.D.N.Y. Jul. 19, 2021)
Case details for

Holyoke v. Holyoke

Case Details

Full title:GARY ARTHUR HOLYOKE, Plaintiff, v. MARIA HOLYOKE et al., Defendants.

Court:United States District Court, Northern District of New York

Date published: Jul 19, 2021

Citations

6:21-CV-239 (N.D.N.Y. Jul. 19, 2021)