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Chandrea T. Agnew v. Dianne Randall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 28, 2011

CHANDREA T. AGNEW, PLAINTIFF,
v.
DIANNE RANDALL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, District Court Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed February 28, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections*fn1 having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed February 28, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED that plaintiff's motion to proceed in forma pauperis (Dkt. No. 3) is DENIED, and the complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE, sua sponte, pursuant to 28 U.S.C. 1915(e)(2)(B)(i)-(ii), and it is further ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the plaintiff by regular and certified mail.

IT IS SO ORDERED


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