Liggins v. City of Utica

Filing 9

DECISION AND ORDER adopting Report and Recommendations re 8 Report and Recommendations. Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 8] for the reasons stated therein. The complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Senior Judge Thomas J. McAvoy on 12/23/14. (tab)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JASON LIGGINS,
Plaintiff,
vs.

6:14-CV-446

CITY OF UTICA,
Defendant.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge
Baxter’s Order and Report-Recommendation [dkt. # 8] have been filed, and the time to do
so has expired.
II.

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

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

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

for the reasons stated therein. The complaint is DISMISSED WITHOUT PREJUDICE
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FOR FAILURE TO STATE A CLAIM pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
IT IS SO ORDERED.

Dated:December 23, 2014

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