Trombley v. Kier

Filing 6

DECISION AND ORDER: ORDERED, that the Court ADOPTS the 4 Order and Report-Recommendation for the reasons stated therein. Therefore, the Complaint brought against Defendant Kier and "the jail" is DISMISSED WITH PREJUDICE. Further, in all other respects the Complaint is DISMISSED WITHOUT PREJUDICE TO FILING A PROPOSED AMENDED COMPLAINT which satisfies the legal standards delineated in Magistrate Judge Baxter's Order and Report-Recommendation. Plaintiff shall have sixty (60) days from the date of this Decision and Order to file such an amended complaint. The failure to do so will result in closure of this file without further action by the Court. Signed by Senior Judge Thomas J. McAvoy on 12/13/14. (served on plaintiff by regular and certified mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
GLEN TROMBLEY,
Plaintiff,
vs.

9:14-CV-998
(TJM/TWD)

RICK KIER, et al.,
Defendants.
________________________________________
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. # 4] 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. # 4]
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for the reasons stated therein. Therefore, the Complaint brought against Defendant Kier
and “the jail” is DISMISSED WITH PREJUDICE. Further, in all other respects the
Complaint is DISMISSED WITHOUT PREJUDICE TO FILING A PROPOSED AMENDED
COMPLAINT which satisfies the legal standards delineated in Magistrate Judge
Baxter’s Order and Report-Recommendation. Plaintiff shall have sixty (60) days from
the date of this Decision and Order to file such an amended complaint. The failure to do
so will result in closure of this file without further action by the Court.
IT IS SO ORDERED.
Dated:December 13, 2014

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