United States District Court, N.D. New York
DECISION and ORDER
THOMAS J. McAVOY, Senior District Judge.
This pro se action, brought pursuant to 42 U.S.C. § 1983, was referred by this Court to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In his October 29, 2013, Report-Recommendation and Order, Magistrate Judge Baxter recommends that Plaintiff's complaint, dkt. # 1, be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired.
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.
Accordingly, the Court ADOPTS the Report-Recommendation and Order, dkt. # 5, for the reasons stated therein. Plaintiff's ...