Lanoce v. Mellace et al

Filing 10

DECISION & ORDER: adopting the # 9 Report and Recommendations and therefore DISMISSING the # 1 Complaint without leave to amend. Signed by Senior Judge Thomas J. McAvoy on 4/11/2014. {Copy sent to pro se plaintiff by regular mail} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
SHAUN LANOCE,
Plaintiff,
vs.

6:13-CV-1140

FRANK MELLACE, Esq.;
COUNTY OF ONEIDA;
DISTRICT ATTORNEY
SCOTT MCNAMARA;
ONEIDA COUNTY COURT.
Defendants.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

DECISION & ORDER
This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon.
Therèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation dated November 6, 2013: granted Plaintiff’s second
application to proceed in forma pauperis (Dkt. #7); denied Plaintiff’s first application to
proceed in forma pauperis (Dkt. #6) as moot; and recommended that Defendant’s
complaint (Dkt. #1) be dismissed without leave to amend.
No objections to the Report-Recommendation have been filed. After examining the
record, this Court has determined that the Report-Recommendation is not subject to

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attack for plain error or manifest injustice. Accordingly, this Court adopts the ReportRecommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation
and dismisses the Plaintiff’s Complaint (Dkt. #1) without leave to amend.
IT IS SO ORDERED.
Dated:April 11, 2014

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