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Kisner v. Bank of America

United States District Court, N.D. New York

February 10, 2014

JOSHUA KISNER, Plaintiff,
v.
BANK OF AMERICA, Defendant.

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 complaint is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.


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