Ingram v. Sharpe et al, No. 5:2019cv00313 - Document 14 (N.D.N.Y 2019)

Court Description: DECISION AND ORDER adopting 6 Report and Recommendations. Pltf's complaint is dismissed with prejudice. Signed by Judge David N. Hurd on 9/13/19. (Copy served via regular and certified mail)(sfp, )

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Ingram v. Sharpe et al Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LAWRENCE LAMONT INGRAM, Plaintiff, -v- 5:19-CV-313 (DNH/ATB) GARY L. SHARPE, Judge; UNITED STATES POSTAL SERVICE; and JAMES M. HANLEY, Defendants. -------------------------------APPEARANCES: LAWRENCE LAMONT INGRAM Plaintiff pro se 00326768 Turbeville Correctional Institution EA 241 P.O. Box 252 1578 Clarence Coker Hwy Turbeville, SC 219162 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Lawrence Lamont Ingram brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 22, 2019, Magistrate Judge Andrew T. Baxter advised by ReportRecommendation that plaintiff's complaint be dismissed with prejudice. Plaintiff filed objections to the Report-Recommendation. Plaintiff also thereafter followed a Notice of Appeal to the United States Court of Appeals for the Second Circuit. Dockets.Justia.com On July 25, 2019, the Second Circuit issued an Order finding plaintiff's appeal to be in default. On September 11, 2019, it issued a Mandate in accordance with that decision. The Mandate was entered on this Court's docket the same day. Dkt. No. 13. The appeal having been dismissed, the Report-Recommendation and objections are now ripe for review. Based upon a de novo review of the portions of the ReportRecommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's complaint is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(I), and (B)(iii) as frivolous and/or barred by absolute immunity as against all defendants; and 2. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 13, 2019 Utica, New York. -2-

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