Barber v. State of New York

Filing 10

JUDGMENT: It is ORDERED AND ADJUDGED that a Judgment has been entered and this action is closed as Plaintiff failed to file an Amended Complaint on or before 7/12/2013 pursuant to the # 7 Order signed by Senior Judge Norman A. Mordue on 6/11/2013. Copy served upon Pro Se Plaintiff via regular and certified mail, return receipt requested, at the two known addresses of 189 Pearl Street, Corning, NY 14830 and 141 Wall Street, Corning, NY 14830-2706. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JUDGMENT IN A CIVIL CASE
Tracy Barber
Plaintiff
vs.

CASE NUMBER: 1:13-CV-331 (NAM/RFT)

State of New York
Defendant

Decision by Court. This action came to hearing before the Court. The issues have
been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That Magistrate Judge Randolph F. Treece’s 4/9/2013 Report-Recommendation is
accepted in its entirety. It is ORDERED that Plaintiff’s entire complaint is dismissed
pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failing to state a claim upon which relief can
be granted unless, the plaintiff files an Amended Complaint consistent with the RepotRecommendation on or before July 12. 2013. It is ORDERED that in the event an
Amended Complaint is not filed, the Clerk of the Court enter judgment and close this
action. Therefore a judgment is entered and this action is closed as Plaintiff failed to file
an Amended Complaint on or before July 12, 2013.
All of the above pursuant to the order of the Honorable Judge Norman A. Mordue,
dated the 11 day of June, 2013.

DATED: July 16, 2013

By: s/
Nicole Killius
Deputy Clerk