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Pratt v. Wings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 2, 2010

RASHAWN J. PRATT, PLAINTIFF,
v.
BUFFALO WILD WINGS, DEFENDANT.

The opinion of the court was delivered by: Norman A. Mordue, Chief U. S. District Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 8th day of February, 2010. Following fourteen days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report- Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 2) is denied for failure to properly move for leave to proceed in forma pauperis.

3. This action is dismissed without prejudice for failure to properly move for leave to proceed in forma pauperis and pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii) for failure to state a claim. The clerk shall enter judgment accordingly.

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20100302

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