Garvey v. Morgan Communities

Filing 9

ORDER adopting 7 Report and Recommendations. Plaintiff's complaint is DISMISSED in its entirety without prejudice pursuant to 28 U.S.C. § 1915(e)(2) (B)(ii), without leave to amend and the Clerk is directed to close this case. Signed by Judge Brenda K. Sannes on 12/18/17. (Copy served on plaintiff via regular and certified mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SHAUN GARVEY,
Plaintiff,

5:17-CV-1258 (BKS/ATB)

v.
MORGAN COMMUNITIES,
Defendant.
Appearances:
Shaun Garvey
Liverpool, NY 13090
Plaintiff, pro se
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Shaun Garvey commenced this action pro se on November 15, 2017, utilizing a
form civil rights complaint under 42 U.S.C. § 1983. Dkt. No. 1. Plaintiff also sought leave to
proceed in forma pauperis. Dkt. Nos. 2-3. This matter was assigned to United States Magistrate
Judge Andrew T. Baxter who, on November 22, 2017, issued a Report-Recommendation and
Order granting the in forma pauperis applications for purposes of filing only and recommending
that Plaintiff’s complaint be dismissed in its entirety without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii), without leave to amend. Dkt. No. 7. Magistrate Judge Baxter advised
Plaintiff that, under 28 U.S.C. § 636(b)(1), he had fourteen days within which to file written
objections to the report, and that the failure to object to the report within fourteen days would
preclude appellate review. Dkt. No. 7, at 12. No objections to the Report-Recommendation
have been filed.

As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Court adopts it in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 7) is ADOPTED in its entirety;
and it is further
ORDERED that Plaintiff’s complaint is DISMISSED in its entirety without prejudice
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), without leave to amend; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with
the Local Rules; and it is further
ORDERED that the Clerk is directed to close this case.
IT IS SO ORDERED.
Dated: December 18, 2017
Syracuse, New York

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