Lehner v. Internal Revenue Service, No. 1:2011cv00729 - Document 15 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting the 8 Report and Recommendations and dismissing the action due to Plaintiff's failure to state a claim and to comply w/FRCP 8 and 10. Signed by Senior Judge Thomas J. McAvoy on 2/28/2012. (amt) [Pltf served via reg. and cert. mail]
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ GERARD EDWARD LEHNER, Plaintiff, -against- 1:11-CV-0729 INTERNAL REVENUE SERVICE, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION The Amended Complaint in this pro se action was reviewed by the Hon. Randolph F. Treece, United States Magistrate Judge. In a Report-Recommendation and Order dated October 4, 2011, Magistrate Judge Treece recommended that action be dismissed due to Plaintiff s failure to state a claim and to comply with Federal Rules of Civil Procedure 8 and 10. Dkt. # 8. No objections to Magistrate Judge Treece s ReportRecommendation and Order have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the ReportRecommendation and Order is not subject to attack for plain error or manifest injustice. II. CONCLUSION The Court ADOPTS the Report-Recommendation and Order [dkt. # 8] for the reasons stated therein. Therefore, it is hereby ORDERED that the action is dismissed due 1 to Plaintiff s failure to state a claim and to comply with Federal Rules of Civil Procedure 8 and 10. IT IS SO ORDERED Dated: February 28, 2012 2
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