Brennan v. Benke et al

Filing 8

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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KEVIN JOSEPH GABRIEL BRENNAN, Plaintiff, -v- 3:17-cv-391 (DNH/DEP) ROBERT BEHNKE, Broome County Attorney, and DEBBIE PRESTON, Broome County Executive, Defendants. -------------------------------APPEARANCES: KEVIN JOSEPH GABRIEL BRENNAN Plaintiff pro se 319 Exchange Avenue Townhouse #20 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 ORDERED that 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. 2

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