Davies v. Christopher Community et al

Filing 10

DECISION and ORDER: that the Court Adopts the Report, Recommendation and Order [dkt. # 8 ] for the reasons stated therein. It is hereby Ordered that plaintiff's complaint [dkt. # 1 ] is Dismissed pursuant to 28 U.S.C. § 1915(e). Plaintiff is granted leave to replead. Signed by Senior Judge Thomas J. McAvoy on 10/13/2016. (hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ROBERT M. DAVIES,
Plaintiff,
v.

Civil Action No.
5:16-CV-0852 (TJM/DEP)

CHRISTOPHER COMMUNITY, et al.,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
I.

INTRODUCTION
This pro se employment action was referred to the Hon. David E. Peebles, United

States Magistrate Judge, for initial review. In his September 9, 2016 Report,
Recommendation and Order, Magistrate Judge Peebles: (1) granted plaintiff’s In Forma
Pauperis application; (2) denied with leave to renew plaintiff’s motion for appointment of
counsel; and (3) recommended that all claims be dismissed, with leave to replead, because
the complaint fails to state a claim upon which relief may be granted [dkt. # 8]. Plaintiff did not
file objections to the Report, Recommendation and Order, and the time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report,

Recommendation and Order is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report, Recommendation and Order [dkt. # 8] for

1

the reasons stated therein. Thus, it is hereby
ORDERED that plaintiff's complaint [dkt. # 1] is DISMISSED pursuant to 28 U.S.C. §
1915(e). Plaintiff is granted leave to replead.1
IT IS SO ORDERED.
Dated:October 13, 2016

1

The Court notes that on September 21, 2016, plaintiff filed an amended complaint. Dkt. # 9. The
Court offers no opinion as to the sufficiency of the allegations made therein.

2