Kisner v. Bank of America, No. 5:2013cv01325 - Document 6 (N.D.N.Y 2014)
Court Description: DECISION and ORDER adopting 5 Report-Recommendation and Order. The Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 2/10/2014. (Copy of Decision and Order sent to pro se plaintiff via regular and certified mail, return receipt requested, article #7013 1090 0000 4277 1350) (dpk)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOSHUA KISNER, Plaintiff, v. 5:13-CV-1325 BANK OF AMERICA, Defendant. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This pro se action, brought pursuant to 42 U.S.C. § 1983, was referred by this Court to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In his October 29, 2013, Report-Recommendation and Order, Magistrate Judge Baxter recommends that Plaintiff s complaint, dkt. # 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. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired. After examining the record, this Court has determined that the ReportRecommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court ADOPTS the Report-Recommendation and Order, dkt. # 5, for the reasons stated therein. Plaintiff s complaint is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Dated:February 10, 2014 - 2 -
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