Barnave v. New York State Department of Financial Services et al, No. 1:2020cv00776 - Document 8 (N.D.N.Y 2020)
Court Description: DECISION and ORDER - That the 4 Report-Recommendation is accepted and adopted in all respects. That Plaintiff's complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE and without the opportunity for amendment. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 8/12/2020. (Copy served via regular and certified mail upon plaintiff)(jel, )
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Barnave v. New York State Department of Financial Services et al Doc. 8 Case 1:20-cv-00776-DNH-ATB Document 8 Filed 08/12/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LESLIE BARNAVE, Plaintiff, -v- 1:20-CV-776 (DNH/ATB) NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES and NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, Defendants. -------------------------------APPEARANCES: LESLIE BARNAVE Plaintiff pro se 248 State Street Apartment #8D Albany, NY 12210 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Leslie Barnave brought this alleged civil action on July 13, 2020. On July 16, 2020, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed sua sponte based on the defendants' immunity from suit, without prejudice, but without the opportunity for amendment. Plaintiff timely filed objections to the Report-Recommendation. ECF No. 5. Dockets.Justia.com Case 1:20-cv-00776-DNH-ATB Document 8 Filed 08/12/20 Page 2 of 2 Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE and without the opportunity for amendment; and 2. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: August 12, 2020 Utica, New York. -2-
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