Lehner v. Internal Revenue Service

Filing 15

DECISION AND ORDER adopting the 8 Report and Recommendations and dismissing the action due to Plaintiff's failure to state a claim and to comply w/FRCP 8 and 10. Signed by Senior Judge Thomas J. McAvoy on 2/28/2012. (amt) [Pltf served via reg. and cert. mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
GERARD EDWARD LEHNER,
Plaintiff,
-against-

1:11-CV-0729

INTERNAL REVENUE SERVICE,
Defendant.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
The Amended Complaint in this pro se action was reviewed by the Hon. Randolph

F. Treece, United States Magistrate Judge. In a Report-Recommendation and Order
dated October 4, 2011, Magistrate Judge Treece recommended that action be dismissed
due to Plaintiff’s failure to state a claim and to comply with Federal Rules of Civil
Procedure 8 and 10. Dkt. # 8. No objections to Magistrate Judge Treece’s ReportRecommendation and Order have been filed, and the time to do so has expired.
Furthermore, after examining the record, this Court has determined that the ReportRecommendation and Order is not subject to attack for plain error or manifest injustice.
II.

CONCLUSION
The Court ADOPTS the Report-Recommendation and Order [dkt. # 8] for the

reasons stated therein. Therefore, it is hereby ORDERED that the action is dismissed due
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to Plaintiff’s failure to state a claim and to comply with Federal Rules of Civil Procedure 8
and 10.
IT IS SO ORDERED
Dated: February 28, 2012

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