Harris v. Clark et al

Filing 5

ORDER. ORDERED, that the 3 Report-Recommendation of Magistrate Judge Randolph F. Treece filed 10/4/2011 is ACCEPTED in its entirety for the reasons stated therein and it is further ORDERED that the complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. Signed by Chief Judge Gary L. Sharpe on 1/27/2012. (Attachments: # 1 Report-Recommendation and Order) (dpk)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------ROGER L. HARRIS, Plaintiff, -v.Civil Action No. 1:11-cv-949 (GLS/RFT) CHRISTINE CLARK; VINCENT VERSACI; GUIDO LOYOLA; and CARL G. FALOTICO, Defendants. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: ROGER L. HARRIS Plaintiff, Pro Se P.O. Box 4735 Schenectady, New York 12304 GARY L. SHARPE, Chief Judge ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed October 4, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed October 4, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; and it is further ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the plaintiff by regular and certified mail. IT IS SO ORDERED Dated: January 27, 2012 Albany, New York 2

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