Marin v. Mosley et al

Filing 9

ORDER ON REPORT & RECOMMENDATION - re 8 Report and Recommendations: that the Report & Recommendation (Dkt. No. 8 ) is Accepted; that the Plaintiff's amended complaint is Dismissed without leave to further amend; and that the Clerk of the Court is directed to terminate the pending motion and enter a judgment accordingly. Signed by Judge David N. Hurd on 11/26/2024. (Copy served upon Pro Se Plaintiff via regular and certified mail on 11/26/2024.)(hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MEL MARIN,
Plaintiff,
-v-

6:24-CV-1009

WALTER T. MOSLEY et al.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

MEL MARIN
Plaintiff, Pro Se
Box 80715
San Diego, CA 92138
DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On August 16, 2024, pro se plaintiff Mel Marin (“plaintiff”) filed this action
alleging that defendants violated his civil rights. Dkt. No. 1. Along with his
complaint, plaintiff also moved for leave to proceed in forma pauperis (“IFP
Application”), Dkt. No. 2, to seal his IFP Application, Dkt. No. 3, and for an
expedited review of his IFP Application, Dkt. No. 4. Thereafter, plaintiff filed
an amended complaint as of right. Dkt. No. 7.

On November 8, 2024, after conducting an initial review of the amended
complaint, U.S. Magistrate Judge Thérèse Wiley Dancks granted plaintiff’s
IFP Application, denied his request to seal his IFP Application, and advised
by Report & Recommendation (“R&R”) that plaintiff’s amended complaint be
dismissed. Dkt. No. 8.
Plaintiff has not lodged objections, and the time period in which to do so
has expired. See Dkt. No. 8. Upon review for clear error, Judge Dancks’s
R&R is accepted and will be adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 8) is ACCEPTED; and
2. Plaintiff’s amended complaint is DISMISSED without leave to further
amend.
The Clerk of the Court is directed to terminate the pending motion and
enter a judgment accordingly.
IT IS SO ORDERED.

Dated: November 26, 2024
Utica, New York.

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