Clare-Lunny v. Soldato

Filing 8

ORDER - That the 7 Report-Recommendation of Magistrate Judge Andrew T. Baxter filed August 11, 2014 is ACCEPTED in its entirety for the reasons stated therein. That plaintiffs complaint is dismissed WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. Signed by Chief Judge Gary L. Sharpe on 9/8/2014. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------DEMETRIA CLARE-LUNNY Plaintiff, -v.Civil Action No. 6:14-cv-425 (GLS/ATB) LUCILLE SOLDATO, Commissioner “Employee” of Department of Social Services Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: DEMETRIA CLARE-LUNNY Pro Se 1309 Elm Street Private #1 Cottage Utica, New York 13501 FOR THE DEFENDANT: No Appearances Made GARY L. SHARPE, CHIEF JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed August 11, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed August 11, 2014 (Dkt. No. 7) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that plaintiff’s complaint is dismissed WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and it is further ORDERED that the Clerk of the Court is directed to close this case; and it is further ORDERED that the Clerk provide a copy of this Order upon the plaintiff by certified mail. IT IS SO ORDERED. Dated: September 8, 2014 Albany, New York 2

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