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Clarence Delaney, Jr. v. Montgomery Transitional Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 26, 2012

CLARENCE DELANEY, JR. PLAINTIFF,
v.
MONTGOMERY TRANSITIONAL SERVICES, INC.; KIMMBERLI FLORY; JANE DOE; NEW YORK STATE OFFICE OF MENTAL HEALTH; JANINE DYKEMAN, EXECUTIVE DIRECTOR OF MONTGOMERY TRANSITIONAL SERVICES, INC.; LORI LAVENIA, APARTMENT COUNSELOR; SUE HERBA, ENTITLEMENT SPECIALIST, DEFENDANTS.

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

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed March 2, 2012. 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 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 Randolph F. Treece filed March 2, 2012 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED that the Second Amended Complaint (Dkt. No. 22) is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) & (iii) for failure to state a claim upon which relief may be granted and for failure to establish subject matter jurisdiction, and it is further

ORDERED, that the Clerk of the Court is to mail a copy of this order to the plaintiff by certified mail.

IT IS SO ORDERED.

20120426

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