Kaminski v. State

Full title: DAWN and MARCUS KAMINSKI, Plaintiffs, v. STATE OF NEW YORK, et al…

Court: United States District Court, N.D. New York

Date published: Jun 23, 2011

6:10-CV-1399 (N.D.N.Y. Jun. 23, 2011)

Opinion

6:10-CV-1399.

June 23, 2011

DAWN KAMINSKI, MARCUS KAMINSKI, Plaintiffs, Pro se, Utica, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiffs brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 1, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that plaintiffs' in forma pauperis application be denied, the request for a motion to strike and for sanctions be denied as moot, and the amended complaint be dismissed with prejudice. Plaintiffs timely filed objections to the Report-Recommendation.

Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiffs objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The in forma pauperis application (Dkt. No. 13) is DENIED;

2. The Request for Motion to Strike and for Sanctions (Dkt. No. 24) is DENIED;

3. The amended complaint (Dkt. No 12) is DISMISSED with prejudice; and

4. The Clerk serve a copy of this Decision and Order on Plaintiffs.

IT IS SO ORDERED.

Dated: June 22, 2011

Utica, New York.