Davies v. Tomushunas

Filing 7

DECISION and ORDER adopting Report and Recommendation 4 . Plaintiff's complaint is DISMISSED with prejudice. Signed by Judge David N. Hurd on 12/10/2013. [copy of Order sent by regular mail to plaintiff pro se] (lah)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BETTY DAVIES, Plaintiff, No. 5:13-CV-1305 -vMICHAEL TOMUSHUNAS, Defendant. -------------------------------APPEARANCES: OF COUNSEL: BETTY S. DAVIES Plaintiff Pro Se 114 Burnet Avenue Syracuse, NY 13202 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Betty Davies brought this action pursuant to 42 U.S.C. § 1983. On October 23, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that the complaint be dismissed with prejudice. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Plaintiff's complaint is DISMISSED with prejudice. The Clerk is directed to serve a copy of this Decision and Order on plaintiff and close the file. IT IS SO ORDERED. Dated: December 10, 2013 Utica, New York. -2-

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