Allen v. Geico Indemnity Company, No. 1:2009cv00711 - Document 20 (N.D.N.Y 2009)

Court Description: DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant GEICO is DISMISSED from this action and that Plaintiffs Fourth Amended Complaint (Dkt. No. 17) is DISMISSED; and it is further ORDERED, that the above captioned cased is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on December 31, 2009. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK VICTOR JEROME ALLEN, Plaintiff, -against- 1:09-CV-0711 (LEK/RFT) GEICO INDEMNITY COMPANY, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on December 15, 2009, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 18). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Treece s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant GEICO is DISMISSED from this action and that Plaintiff s Fourth Amended Complaint (Dkt. No. 17) is DISMISSED; and it is further 1 ORDERED, that the above captioned cased is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: December 31, 2009 Albany, New York 2

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