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Lanoce v. Mellace

United States District Court, N.D. New York

April 11, 2014

SHAUN LANOCE, Plaintiff,
v.
FRANK MELLACE, Esq.; COUNTY OF ONEIDA; DISTRICT ATTORNEY SCOTT MCNAMARA; ONEIDA COUNTY COURT. Defendants.

DECISION & ORDER

THOMAS J. McAVOY, Sr., District Judge.

This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Therèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

The Report-Recommendation dated November 6, 2013: granted Plaintiff's second application to proceed in forma pauperis (Dkt. #7); denied Plaintiff's first application to proceed in forma pauperis (Dkt. #6) as moot; and recommended that Defendant's complaint (Dkt. #1) be dismissed without leave to amend.

No objections to the Report-Recommendation have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

For the foregoing reasons, the Court ADOPTS the Report and Recommendation and dismisses the Plaintiff's Complaint (Dkt. #1) without leave to amend.

IT IS SO ORDERED.


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