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Gerard Edward Lehner v. Internal Revenue Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 28, 2012

GERARD EDWARD LEHNER, PLAINTIFF,
v.
INTERNAL REVENUE SERVICE, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

The Amended Complaint in this pro se action was reviewed by the Hon. Randolph F. Treece, United States Magistrate Judge. In a Report-Recommendation and Order dated October 4, 2011, Magistrate Judge Treece recommended that action be dismissed due to Plaintiff's failure to state a claim and to comply with Federal Rules of Civil Procedure 8 and 10. Dkt. # 8. No objections to Magistrate Judge Treece's Report-Recommendation and Order have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.

II. CONCLUSION

The Court ADOPTS the Report-Recommendation and Order [dkt. # 8] for the reasons stated therein. Therefore, it is hereby ORDERED that the action is dismissed due to Plaintiff's failure to state a claim and to comply with Federal Rules of Civil Procedure 8 and 10.

IT IS SO ORDERED

20120228

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