Alano v. Sebelius et al, No. 5:2012cv01833 - Document 13 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER accepting and adopting # 12 Magistrate Judge Peebles' Report and Recommendations in its entirety; and dismissing Plaintiff's complaint without prejudice. Signed by Judge Glenn T. Suddaby on 8/9/13. (lmw) (Copy served upon pro se plaintiff via regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ FRANCES M. ALANO, Plaintiff, 5:12-CV-1833 (GTS/DEP) v. KATHLEEN SEBELIUS, Secretary of HHS; ERIC H. HOLDER, Attorney General; and RICHARD HARTUNIAN, U.S. Attorney, Defendants. _______________________________________________ APPEARANCES: FRANCES M. ALANO c/o Joan Marie Alano, POA 39 Burt Avenue Auburn, New York 13021 GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in the above-captioned civil action filed by France M. Alano ( Plaintiff ), is United States Magistrate Judge David E. Peebles Report-Recommendation recommending this action be dismissed for failure to retain counsel pursuant to 28 U.S.C. ยง 1654. (Dkt. No. 12.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in which to do so has expired. (See generally Docket Sheet.) As a result, the Court need subjects the Report-Recommendation to only a clear-error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. Based upon a careful review of this matter, the Court can find no clear error in the Report-Recommendation. (Dkt. No. 12.) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Peebles Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff s Complaint (Dkt. No. 1) is DISMISSED without prejudice. Dated: September 9, 2013 Syracuse, New York 2
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