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Riviere v. Steiner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 13, 2010

ESSENCE JORDAN RIVIERE, PLAINTIFF,
v.
DAVID M. STEINER, EDUCATION COMM'R; BETHLEHEM CITY TOWN CLERK; DAVID J. SWARTS, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on June 24, 2010, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 4).

Within fourteen days after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Treece's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Plaintiff's Motion to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further

ORDERED, that the Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice for failure to state a claim; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

Albany, New York.

20100713

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