Liggins v. City of Utica, No. 6:2014cv00446 - Document 9 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER adopting Report and Recommendations re 8 Report and Recommendations. Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 8] for the reasons stated therein. The complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Senior Judge Thomas J. McAvoy on 12/23/14. (tab)

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Liggins v. City of Utica Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JASON LIGGINS, Plaintiff, vs. 6:14-CV-446 CITY OF UTICA, Defendant. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred 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). No objections to Magistrate Judge Baxter’s Order and Report-Recommendation [dkt. # 8] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Order and Report- Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 8] for the reasons stated therein. The complaint is DISMISSED WITHOUT PREJUDICE 1 Dockets.Justia.com FOR FAILURE TO STATE A CLAIM pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS SO ORDERED. Dated:December 23, 2014 2

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