UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
May 24, 2012
DONALD P. WENDT PLAINTIFF,
UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE/NATURAL RESOURCE CONSERVATION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE/ COMMODITY CREDIT CORPORATION, WILLIAM S. JONES, PAUL ANTHONY RAY, JAMES R. BARBER, DARLENE KOCHER, ROGER ARLISS, GARY WELLS, MARK DENNIS, VIRGINIA GREEN, RANDALL R. CRONISER, ASTOR F. BOOZER, M. TERRY JOHNSON, MIKE AMEELE, AMANDA MOUTON, AND BRANDON C. WILLIS, DEFENDANTS.
The opinion of the court was delivered by: Gary L. Sharpe, Chief Judge
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed May 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 David E. Peebles filed May 2, 2012 is ACCEPTED in its entirety for the reasons state therein; and it is further
ORDERED that plaintiff's complaint be DISMISSED in its entirety, with prejudice as to plaintiff's claims for misrepresentation, fraud, and intentional interference with contract under the FTCA, and those against the named agencies and individual defendants, and otherwise with leave to file an amended complaint within thirty days of this order adopting the recommendation in full; and it is further
ORDERED, that upon his failure to do so that the clerk dismiss the action without further order of the court; 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.
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