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Alano v. Sebelius

United States District Court, Second Circuit

September 9, 2013

FRANCES M. ALANO, Plaintiff,
v.
KATHLEEN SEBELIUS, Secretary of HHS; ERIC H. HOLDER, Attorney General; and RICHARD HARTUNIAN, U.S. Attorney, Defendants.

FRANCES M. ALANO, Auburn, New York.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in the above-captioned civil action filed by France M. Alano ("Plaintiff"), is United States Magistrate Judge David E. Peebles' Report-Recommendation recommending this action be dismissed for failure to retain counsel pursuant to 28 U.S.C. ยง 1654. (Dkt. No. 12.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in which to do so has expired. ( See generally Docket Sheet.) As a result, the Court need subjects the Report-Recommendation to only a clear-error review. Fed.R.Civ.P. 72(b), Advisory Committee Notes: 1983 Addition. Based upon a careful review of this matter, the Court can find no clear error in the Report-Recommendation. (Dkt. No. 12.) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice.


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