Kunz v. Brazill et al, No. 1:2011cv00930 - Document 13 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting 11 Report and Recommendations and Order. Dismissing the Complaint as to all claims and all defts for failure to state a claim. Signed by Senior Judge Thomas J. McAvoy on 2/28/12. [Served by certified mail.] (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ROBERT J. KUNZ, Plaintiff, No. 1:11-CV-930 (TJM/DRH) v. ROGER BRAZILL, DOUGLAS D. RANDEL, and SEALED DEFENDANT JANE DOE, Defendants. _________________________________________ 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. David R. Homer, United States Magistrate Judge. In a Report-Recommendation and Order dated August 20, 2011, Magistrate Judge Homer recommended that Plaintiff s complaint be dismissed as to all claims and all defendants pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim. Dkt. # 11. No objections to Magistrate Judge Homer 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. # 11] for the 1 reasons stated therein. Therefore, it is hereby ORDERED that the Complaint is dismissed as to all claims and all defendants pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim. IT IS SO ORDERED Dated: February 28, 2012 2
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