Miller v. Bazan et al, No. 6:2010cv00014 - Document 10 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER - the Report and Recommendations of Magistrate Judge Lowe is accepted and adopted in all respects. The first Anended Complaint 5 is dismissed for failure to state a claim for which relief can be granted. The plaintiff is allowed to file the Second Amended Complaint. The file will returned to the Magistrates Judge for review. Service via USPS upon non-electronic parties. Signed by Judge David N. Hurd on 6/9/10. (mnm)