Ambrose v. The United States Department of Justice, No. 5:2014mc00005 - Document 5 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER adopting Report and Recommendations re 3 Report and Recommendations; denying 1 Motion for an Order to Show Cause. Signed by Judge Glenn T. Suddaby on 7/22/14. (tab)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ MARK D. AMBROSE, Plaintiff, 5:14-MC-0005 (GTS/ATB) v. UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION, Defendant. __________________________________________ APPEARANCES: OF COUNSEL: MARK D. AMBROSE Plaintiff, Pro Se 7199 Chestnut Ridge Road Auburn, New York 13021 GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this pro se miscellaneous action filed by Mark Ambrose ( Plaintiff ) against the United States Department of Justice ( Defendant ), is United States Magistrate Judge Andrew T. Baxter s Report-Recommendation recommending that Plaintiff s Motion for an Order to Show Cause be denied and this action dismissed in its entirety, without prejudice, to Plaintiff s filing a proper civil action supported by a complaint under Freedom of Information Act (with the $400 filing fee or an in forma pauperis application documenting his financial inability to pay the fee). (Dkt. No. 3.) Plaintiff has filed no Objection to the ReportRecommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 3.) ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter s Report-Recommendation (Dkt. No. 3) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff s Motion for an Order to Show Cause (Dkt. No. 1) is DENIED and this action DISMISSED without prejudice to Plaintiff s filing a proper civil action supported by a complaint. Dated: July 22, 2014 Syracuse, New York 2
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