Pett v. Crandall et al

Filing 5

ORDER - That the 4 Report-Recommendation of Magistrate Judge Andrew T. Baxter filed June 11, 2014 is ACCEPTED in its entirety. That this action is DISMISSED IN ITS ENTIRETY, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii-iii) based on absolute immunity and failure to state a claim. Signed by Chief Judge Gary L. Sharpe on 7/7/2014. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------GARY J. PETT Plaintiff, -v.Civil Action No. 6:14-cv-682 (GLS/ATB) JOHN H. CRANDALL, Acting Family Court Judge; MARK ROSE, ESQ., Poor Person Attorney Defendants. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: GARY J. PETT Pro Se 08-A-3182 Mid-State Correctional Facility P.O. Box 2500 Marcy, New York 13403 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 June 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 June 11, 2014 (Dkt. No. 4) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that this action is DISMISSED IN ITS ENTIRETY, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii-iii) based on absolute immunity and failure to state a claim; and it is further ORDERED that the clerk is directed to close this case; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: July 7, 2014 Albany, New York 2

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