Phillips v. New York State et al

Filing 5

ORDER adopting and accepting in all respects the 3 Order and Report-Recommendation of the Honorable Therese Wiley Dancks, United States Magistrate Judge, dated 9/30/2013; and it is further ORDERED that 1. plaintiff's complaint is DISMISSED in its entirety with prejudice; 2. the Clerk is directed to file a Judgment accordingly; and 3. the Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. Signed by Judge David N. Hurd on 10/17/2013. (copy of this Order served on pro se party via regular mail and certified mail, return receipt requested). (sg )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------WILLIAM PHILLIPS,
Plaintiff,
-v-

No. 5:13-CV-927

NEW YORK STATE; and DISTRICT
ATTORNEY,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

WILLIAM PHILLIPS
Plaintiff pro se
11 Greenbush Street
Cortland, NY 13045

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On September 30, 2013,
the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by ReportRecommendation, sua sponte dismissal of the complaint with prejudice. Plaintiff timely filed
objections to the Report-Recommendation.
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
1. Plaintiff's complaint is DISMISSED in its entirety with prejudice;
2. The Clerk is directed to file a judgment accordingly; and
3. The Clerk is directed to serve a copy of this Decision and Order upon the parties
in accordance with the Local Rules.
IT IS SO ORDERED.

Dated: October 17, 2013
Utica, New York.

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