Porter v. Sauve et al

Filing 38

ORDER: ORDERED that the Report-Recommendation (Dkt. No. 37 ) is ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 33 ) is GRANTED and plaintiff's complaint (Dkt. No. 1) is DISMISSED IN ITS ENTIRETY WITHOUT LEAVE TO AMEND. ORDERED that the District Court declines to exercise supplemental jurisdiction over plaintiff's state law claims. ORDERED that the clerk close this case. Signed by Senior Judge Gary L. Sharpe on 5/25/17. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
LARRY PORTER,
Plaintiff,

9:15-cv-1106
(GLS/TWD)

v.
SHEILA SAUVE, et al.,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
LARRY PORTER
88-A-4542
Plaintiff, pro se
Upstate Correctional Facility
P.O. Box 2001
Malone, New York 12953
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
The Capitol
Albany, New York 12224
Gary L. Sharpe
Senior District Judge

CHRISTOPHER J. HUMMEL
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following an Order
and Report-Recommendation by Magistrate Judge Thérèse Wiley Dancks,
duly filed on May 4, 2017. (Dkt. No. 37.) 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
Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation (Dkt. No. 37) is
ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion to dismiss for failure to state a
claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
(Dkt. No. 33) is GRANTED and plaintiff’s complaint (Dkt. No. 1) is
DISMISSED IN ITS ENTIRETY WITHOUT LEAVE TO AMEND; and it is
further
ORDERED that the District Court declines to exercise supplemental
jurisdiction over plaintiff’s state law claims; and it is further
ORDERED that the clerk close this case; and it is further
ORDERED that the clerk provide a copy of this Order to the parties in
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accordance with the court’s Local Rules of Practice.
IT IS SO ORDERED.
May 25, 2017
Albany, New York

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