Townsend v. Trustco Bank, No. 1:2013cv01602 - Document 5 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER adopting the 4 Report-Recommendations and Order and dismissing Plaintiff's complaint. Signed by Senior Judge Thomas J. McAvoy on 5/13/2014. (amt) [Pltf served via reg. and cert. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NADINE TOWNSEND, Plaintiff, v. No. 13-CV-1602 (TJM/CFH) TRUSTCO BANK, Defendant. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In his February 12, 2014 Report-Recommendation and Order [dkt. # 4], Magistrate Judge Hummel ordered that Plaintiff s in forma pauperis application (dkt. # 2) be granted; ordered that Plaintiff s request for appointment of counsel (dkt. # 3) be denied;1 and recommended that the action be dismissed in its entirety pursuant to 28 U.S.C. § 1915(e)(2)(B) because, inter alia, the alleged claims were brought beyond the applicable statute of limitations. See Rep. Rec. & Order, dkt. # 4, pp. 2-6. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired. 1 The denial was without prejudice only if Magistrate Judge Hum m el s recom m endation for dism issal is rejected, which is not the case here. 1 II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Plaintiff s complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) because, inter alia, the alleged claims were brought beyond the applicable statute of limitations. IT IS SO ORDERED. Dated:May 13, 2014 2

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