Faccio et al v. National Grid Electric and Gas Company, No. 1:2010cv00716 - Document 5 (N.D.N.Y 2010)

Court Description: DECISION & ORDER accepting and adopting in all respects the 3 Report and Recommendation of Magistrate Judge Treece; the complaint is DISMISSED. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 7/22/2010. (see)

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Faccio et al v. National Grid Electric and Gas Company Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------DANIEL FACCIO; CHASTITY FACCIO; D.F.; and A.F., Plaintiffs, - vs - 1:10-CV-716 NATIONAL GRID ELECTRIC AND GAS COMPANY, Defendants. ------------------------------------------APPEARANCES: OF COUNSEL: DANIEL FACCIO, CHASTITY FACCIO D.F. and A.F. Plaintiffs, Pro Se PO Box 55 Hudson Falls, New York 12839 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiffs, Daniel Faccio, Chastity Faccio, D.F. and A.F., brought this civil rights action in June 2010, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated June 14, 2010, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the entire complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2) (B)(ii) for failure to state a claim upon which relief can be granted. The plaintiffs have filed timely objections to the Report-Recommendation. Based upon a de novo review of the entire file, including the portions of the ReportRecommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Dockets.Justia.com Accordingly, it is ORDERED that 1. The complaint is DISMISSED; 2. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: July 22, 2010 Utica, New York. - 2 -

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