Peterson v. Binghamton Police Department et al

Filing 5

ORDER - That the 4 order, Report, and Recommendation is ADOPTED in its entirety. That plaintiff's complaint is this action (Dkt. No. 1) is DISMISSED with leave to replead within thirty days of the date of this order. That, if plaintiff fails to file an amended complaint within the time permitted, the clerk is directed to close this case without further order of the court. Signed by Senior Judge Gary L. Sharpe on 12/5/2017. (Copy served via regular mail)(jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ RONALD DONELL PETERSON, Plaintiff, 3:17-cv-1074 (GLS/DEP) v. BINGHAMTON POLICE DEPARTMENT et al., Defendants. ________________________________ APPEARANCES: OF COUNSEL: FOR PLAINTIFF: RONALD DONELL PETERSON 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 an Order, Report, and Recommendation by Chief Magistrate Judge David E. Peebles, duly filed on November 7, 2017. (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 Order, Report, and Recommendation for clear error, it is hereby ORDERED that the Order, Report, and Recommendation (Dkt. No. 4) is ADOPTED in its entirety; and it is further ORDERED that plaintiff’s complaint in this action (Dkt. No. 1) is DISMISSED with leave to replead within thirty days of the date of this order; and it is further ORDERED that, if plaintiff fails to file an amended complaint within the time permitted, the clerk is directed to close this case without further order of the court; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules. IT IS SO ORDERED. December 5, 2017 Albany, New York 2

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