Genao v. 10th Precinct, No. 1:2019cv01037 - Document 7 (N.D.N.Y 2019)
Court Description: DECISION & ORDER. The 6 Report-Recommendation of Magistrate Judge Stewart is hereby ACCEPTED and ADOPTED. Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. Signed by Senior Judge Thomas J. McAvoy on 12/5/2019. (Copy served via regular and certified mail)(dpk)
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Genao v. 10th Precinct Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ ELVIN GENAO, Plaintiff, vs. 1:19-CV-1037 (TJM/DJS) 10th PRECINCT, Defendant. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER The Court referred this pro se civil action to Magistrate Judge Daniel J. Stewart for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Plaintiff names as Defendant the 10 th Precinct of the New York City Police Department and lists a number of tort and criminal claims, but does not offer any factual basis for them. Plaintiff also fails to explain the involvement of the sole Defendant, a Police Precinct. Magistrate Judge Stewart’s Report-Recommendation, dkt. # 6, issued on November 5, 2019, provided Plaintiffs’ Complaint, filed pro se along with a motion to proceed in forma pauperis, an initial review pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Mag istrate Judge Stewart finds that Plaintiff has failed to state a claim upon which relief may be granted and that venue in this District is improper, since the District does not include any part of New 1 Dockets.Justia.com York City. Magistrate Judge Stewart recommends that the Complaint be dismissed with prejudice. Plaintiff did not object to the Report-Recommendation, and the time for such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation for the reasons stated therein. Accordingly, The Report-Recommendation of Magistrate Judge Stewart, dkt. # 6, is hereby ACCEPTED and ADOPTED. Plaintiff’s Complaint is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. IT IS SO ORDERED. Dated:December 5, 2019 2
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