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)

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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. -2-

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