Fuller v. ProCare LTC et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Therese Wiley Dancks |
| Case #: | 5:25-cv-00101 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 22, 2025 |
| Last checked: Saturday Mar 08, 2025 4:26 AM EST |
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Defendant
Bob Battaglia
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Defendant
Kathy Battaglia
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Defendant
Clarest Health
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Defendant
ProCare LTC
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Defendant
Jayson Steere
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Plaintiff
Alesha T. Fuller
617 Hickory Street #B
Syracuse, NY 13203 |
GPO
Mar 19 2025
REPORT AND RECOMMENDATION and ORDER recommending that Plaintiff's IFP application (Dkt. No. 2) be DENIED; that Plaintiff be directed to pay the filing fee of $405.00 if she wishes to proceed with this action; that Plaintiff's complaint (Dkt. No. 1) be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; that Plaintiff be granted an opportunity to file an amended complaint that cures the pleading defects identified in this Report-Recommendation; and it is further ORDERED that Plaintiff's motion for permission to file electronically in ECF (Dkt. No.4) is DENIED WITHOUT PREJUDICE AND WITH LEAVE TO RENEW at later stage in these proceedings, if warranted. Objections to R&R due by 4/2/2025. Case Review Deadline 4/7/2025. Signed by Magistrate Judge Therese Wiley Dancks on 3/19/2025. (Copy served via regular mail)(bas) |
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GPO
Apr 10 2025
ORDER ACCEPTING AND ADOPTING #7 REPORT & RECOMMENDATION in all respects; Plaintiffs #2 IFP Application is DENIED; Plaintiffs #1 Complaint is DISMISSED without prejudice; Plaintiff shall have thirty (30) days in which to file an amended complaint and pay the filing fee of $405.00 if they wish to proceed in this action. If plaintiff fails to file an amended complaint and pay the filing fee of $405.00 by 5/11/25, the Clerk of the Court is directed to enter a judgment dismissing this action without further Order of the Court. Signed by Senior Judge David N. Hurd on 4/10/25. (Copy served via regular mail) (bas) |
| Docket last updated: 2 hours ago |
| Friday, April 11, 2025 | ||
| 9 | 9
respoth
Objection to Report and Recommendations
Fri 04/11 2:50 PM
OBJECTION to the #7 Report and Recommendations by Alesha T. Fuller.(bas) |
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Att: 1
Exhibits
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| Thursday, April 10, 2025 | ||
| 8 | 8
5
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Report and Recommendations
Thu 04/10 4:36 PM
ORDER ACCEPTING AND ADOPTING #7 REPORT & RECOMMENDATION in all respects; Plaintiffs #2 IFP Application is DENIED; Plaintiffs #1 Complaint is DISMISSED without prejudice; Plaintiff shall have thirty (30) days in which to file an amended complaint and pay the filing fee of $405.00 if they wish to proceed in this action. If plaintiff fails to file an amended complaint and pay the filing fee of $405.00 by 5/11/25, the Clerk of the Court is directed to enter a judgment dismissing this action without further Order of the Court. Signed by Senior Judge David N. Hurd on 4/10/25. (Copy served via regular mail) (bas) |
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| Wednesday, March 19, 2025 | ||
| 7 | 7
motion
Report and Recommendations Order ~Util - Terminate Motions
Wed 03/19 1:12 PM
REPORT AND RECOMMENDATION and ORDER recommending that Plaintiff's IFP application (Dkt. No.2 ) be DENIED; that Plaintiff be directed to pay the filing fee of $405.00 if she wishes to proceed with this action; that Plaintiff's complaint (Dkt. No.1 ) be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; that Plaintiff be granted an opportunity to file an amended complaint that cures the pleading defects identified in this Report-Recommendation; and it is further ORDERED that Plaintiff's motion for permission to file electronically in ECF (Dkt. No.4 ) is DENIED WITHOUT PREJUDICE AND WITH LEAVE TO RENEW at later stage in these proceedings, if warranted. Objections to R&R due by 4/2/2025. Case Review Deadline 4/7/2025. Signed by Magistrate Judge Therese Wiley Dancks on 3/19/2025. (Copy served via regular mail)(bas) |
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| Tuesday, March 04, 2025 | ||
| 6 | 6
order
Order on Letter Request
Tue 03/04 3:23 PM
TEXT ORDER : Court reviewed plaintiff's letter motion (Dkt. No.5 ) requesting to include certain documents as attachments to her complaint. Although piecemeal pleadings are not permitted, the Court grants the request at this time. The Court is in the process of conducting an initial review of the complaint (Dkt. No. 1) pursuant to 28 USC Section 1915 since plaintiff seeks to proceed in forma pauperis. (Dkt. No.2 .) The Court will consider Dkt. No.1 and Dkt. No. 5 when reviewing the complaint for sufficiency and will issue its decision in due course. In the meantime, any further piecemeal filings by plaintiff attempting to add more information to her complaint will be summarily stricken from the docket. If plaintiff wishes to alter her complaint, or add any other information to it, she must file an amended complaint which must be a complete pleading. As noted, piecemeal pleadings are not permitted. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2025. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg) |
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| Monday, March 03, 2025 | ||
| 5 | 5
motion
Letter Request/Motion
Tue 03/04 11:36 AM
Letter Motion from Alesha T. Fuller requesting attached exhibits be attached to her complaint submitted to Judge Therese Wiley Dancks. (bas) |
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| Wednesday, January 22, 2025 | ||
| 4 | 4
motion
Pro Se Motion for Permission to File Electronically in ECF
Wed 01/22 2:58 PM
Pro Se MOTION for Permission to File Electronically in ECF filed by Alesha T. Fuller Motions referred to Therese Wiley Dancks. (tll) |
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| 3 | 3
misc
Pro Se Handbook and Notice Issued
Wed 01/22 2:57 PM
PRO SE NOTICE issued and explained to Alesha T. Fuller at time complaint was filed. Pro Se handbook and copy of Local Rules given to Plaintiff at time of filing. (tll) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 01/22 2:55 PM
MOTION for Leave to Proceed in forma pauperis filed by Alesha T. Fuller with Proposed Summons, Request to Waive Service, and Waiver of Service. Motions referred to Therese Wiley Dancks. (tll) |
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Att: 1
Proposed Summons,
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Att: 2
Request to Waive Service,
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Att: 3
Waiver of Service
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cmp
Complaint
Wed 01/22 2:40 PM
COMPLAINT WITH JURY DEMAND against ProCare LTC, Clarest Health, Jayson Steere, Bob Battaglia, and Kathy Battaglia, filed by Alesha T. Fuller.(tll) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Civil Cover Sheet
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