Davis v. Capital City Rescue Mission et al, No. 1:2013cv01380 - Document 4 (N.D.N.Y 2013)
Court Description: DECISION & ORDER: It is ordered that after careful review of the entire file and the Recommendation of the Magistrate Judge, the # 3 Report and Recommendation is accepted in its entirety, plaintiff's # 1 Complaint is hereby DISMISSED without leave to amend. Signed by Judge David N. Hurd on 12/10/2013. {Copy served upon pro se plaintiff by regular mail} (jmb)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ROBERT DAVIS, Plaintiff, No. 1:13-CV-1380 -vCAPITAL CITY RESCUE MISSION; WAYNE HILL; and WILLIE FOSTER, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ROBERT DAVIS Plaintiff pro se 29 Swan Street Albany, NY 12210 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Robert Davis brought this action pursuant to 42 U.S.C. § 1983. On November 18, 2013, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that the complaint be dismissed without leave to amend. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Plaintiff's complaint is DISMISSED without leave to amend. The Clerk is directed to serve a copy of this Decision and Order on plaintiff and close the file. IT IS SO ORDERED. Dated: December 10, 2013 Utica, New York. -2-
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