Agnew v. Randall et al

Filing 9

ORDER accepting Report and Recommendations re 5 Report and Recommendations. ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed February 28, 2011 is ACCEPTED in its entirety for the reasons stated therein, and it is further ORDERED that plaintiff's 3 motion to proceed in forma pauperis is DENIED, and the complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE, sua sponte, pursuant to 28 U.S.C. 1915(e)(2)(B)(i)-(ii). Signed by Judge Gary L. Sharpe on 3/28/2011. (Attachments: # 1 Order and Report-Recommendation) (dpk)

-ATB Agnew v. Randall et al

Doc. 9

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------CHANDREA T. AGNEW, Plaintiff, -v.Civil Action No. 5:11-cv-198 (GLS/ATB) DIANNE RANDALL, et al., Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: CHANDREA T. AGNEW Plaintiff Pro Se 135 Fenway Drive Syracuse, New York 13224 GARY L. SHARPE, DISTRICT COURT JUDGE OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed February 28, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections1 having been filed, and the court having reviewed the
The court served a copy of the Order and Report-Recommendation upon the plaintiff by regular and certified mail. See Dkt. No. 5. The copy of the Order and Report-Recommendation by
Dockets.Justia.com
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Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed February 28, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that plaintiff's motion to proceed in forma pauperis (Dkt. No. 3) is DENIED, and the complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE, sua sponte, pursuant to 28 U.S.C. 1915(e)(2)(B)(i)(ii), and it is further ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the plaintiff by regular and certified mail. IT IS SO ORDERED Dated: March 28, 2011 Albany, New York

certified mail was returned as refused. See Dkt. Nos. 6-8. However, the copy of the Order and Report-Recommendation by regular mail has not been returned. 2