Robinson v. Rivera et al
DECISION AND ORDER adopting 4 Report and Recommendations. Pltf's complaint is dismissed unless he files and amended complaint by 4/16/14. If Pltf files an amended complaint, this case will be referred back to Magistrate Judge Hummel for further review. Signed by Judge David N. Hurd on 3/17/14. (sfp, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
COMMISSIONER PETER M. RIVERA, et al.,
Plaintiff, Pro Se
134-34 241 Street
Rosedale, NY 11422
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff is a sovereign citizen seeking damages and injunctive relief contending that
defendants have "failed to discharge the debt as is required by law and has levy Mr.
Robinson eight (8) transactions and counting," establishing a pattern or policy of failing to
discharge debt upon proper notification. Compl., ¶¶ 25–26. On February 12, 2014, the
Honorable Christian F. Hummel, United States Magistrate Judge, advised, by ReportRecommendation, that plaintiff's complaint be dismissed for failure to state a claim or
alternatively that plaintiff be given leave file an amended complaint. Plaintiff timely filed
objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation 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
1. Plaintiff's complaint is DISMISSED, unless within thirty (30) days of the date of
this Decision and Order, plaintiff files an amended complaint that remedies the deficiencies
identified in the Report-Recommendation;
2. In the event that plaintiff files an amended complaint within thirty (30) days, this
case is referred back to Magistrate Judge Hummel for further review; and
3. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: March 17, 2014
Utica, New York.
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