McIntyre v. Battisti

Filing 5

ORDER - That the 4 Report, Recommendation, and Order is ADOPTED in its entirety. That plaintiff's complaint in this action is DISMISSED, pursuant to 28 U.S.C. §§ 1915(e), with leave toa mend within thirty days of this order. That if plaintiff fails to file an amended complaint within thirty (30) days of this order, the Clerk is directed to close this case without any further order of the court. Signed by Senior Judge Gary L. Sharpe on 2/29/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ROLAND MCINTYRE,
Plaintiff,

3:16-cv-34
(GLS/DEP)

v.
PAUL BATTISTI,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Roland McIntyre
Plaintiff, Pro Se
Broome County Correctional Facility
P.O. Box 2047
Binghamton, New York 13902
Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a Report,
Recommendation, and Order by Magistrate Judge David E. Peebles, duly
filed on February 4, 2016. (Dkt. No. 4.) Following fourteen 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
Report-Recommendation for clear error, it is hereby
ORDERED that the Report, Recommendation, and Order (Dkt. No. 4)
is ADOPTED in its entirety; and it is further
ORDERED that plaintiff’s complaint in this action is DISMISSED,
pursuant to 28 U.S.C. §§ 1915(e), with leave to amend within thirty days of
this order; and it is further
ORDERED that if plaintiff fails to file an amended complaint within
thirty (30) days of this order, the Clerk is directed to close this case without
any further order of the court; and it is further
ORDERED that the clerk of the court serve a copy of this order upon
the parties in accordance with this court’s Local Rules.

IT IS SO ORDERED.
February 29, 2016
Albany, New York

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