Brennan v. Benke et al
DECISION AND ORDER: Adopting the # 5 Report and Recommendations and DISMISSING the # 1 Complaint in its entirety. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on July 5, 2017. (Copy served via regular and certified mail on the pro se plaintiff at 319 Exchange Avenue, Townhouse #20, Endicott, NY 13760. Parcel No. 7014 1200 0001 3023 0732).(rep)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KEVIN JOSEPH GABRIEL BRENNAN,
ROBERT BEHNKE, Broome County Attorney,
and DEBBIE PRESTON, Broome County
KEVIN JOSEPH GABRIEL BRENNAN
Plaintiff pro se
319 Exchange Avenue
Endicott, New York 13760
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Kevin Joseph Gabriel Brennan brought this action alleging violations of
the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq. On May 2,
2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's complaint be dismissed based upon the pendency of a
previously filed action involving the same allegations and causes of action. Plaintiff timely
filed objections to the Report-Recommendation, along with a proposed amended complaint.
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
Plaintiff's complaint is DISMISSED in its entirety
The Clerk is directed to file judgment accordingly and close the file.
IT IS SO ORDERED.
Dated: July 5, 2017
Utica, New York.
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