Beck v. Cornell University

Filing 6

DECISION AND ORDER accepting and adopting # 4 Magistrate Judge Baxter's Report and Recommendation in its entirety. Plaintiff's complaint is sua sponte dismissed in its entirety with prejudice pursuant to 28 U.S.C. §1915(e)(2)(B)(ii)-(iii). Signed by Chief Judge Glenn T. Suddaby on 10/24/16. (lmw) (Copy served upon pro se plaintiff via regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ JOHN ALVIN BECK, Plaintiff, 5:16-CV-1104 (GTS/ATB) v. CORNELL UNIVERSITY, Defendant. __________________________________________ APPEARANCES: JOHN ALVIN BECK Plaintiff, Pro Se 422 Champlin Road Groton, New York 13073 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by John Alvin Beck (“Plaintiff”) against Cornell University (“Defendant”), are United States Magistrate Andrew T. Baxter’s Report-Recommendation recommending that Plaintiff’s Complaint be sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii), and (2) Plaintiff’s objection to the Report-Recommendation. (Dkt. Nos. 4, 5.) After carefully reviewing the relevant filings in this action, the Court can find no error in the Report-Recommendation, clear or otherwise: Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 4.) ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is sua sponte DISMISSED in its entirety with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii). Dated: October 24, 2016 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 2

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