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Levesque v. Dominy

United States District Court, N.D. New York

April 24, 2014

ANDRE LEVESQUE Plaintiff,
v.
WILLIAM DOMINY Defendant.

ANDRE LEVESQUE Pro Se Plattsburgh, New York. FOR THE PLAINTIFF:

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed March 21, 2014. Following fourteen 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 Christian F. Hummel filed March 21, 2014 (Dkt. No. 3) is ADOPTED IN PART as follows; and it is further

ORDERED that, if plaintiff wishes to proceed with this action, he must file an amended complaint, which complies the terms of the Report-Recommendation and Order, within thirty (30) days from the filing date of this Order; and it is further

ORDERED that, upon the filing of an amended complaint, the Clerk shall return the file to the Court for further review; and it is further

ORDERED that should plaintiff fail to comply with the terms of this Order, within the time period specified above, this action shall be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to comply with the pleading standards and to state a claim upon which relief may be granted, and/or as frivolous; and it is further

ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

IT IS SO ORDERED.


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