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Townsend v. Public Storage, Inc.

United States District Court, N.D. New York

December 17, 2014

NADINE TOWNSEND, Plaintiff,
v.
PUBLIC STORAGE, INC., Defendant.

DECISION & ORDER

THOMAS J. McAVOY, District Judge.

I. INTRODUCTION

This pro se action was referred to the Hon. Therese W. Dancks, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In her April 30, 2014 Order and Report-Recommendation (dkt. # 4), Magistrate Judge Dancks ordered that Plaintiff's in forma pauperis application (dkt. # 2) be granted for purposes of filing only; denied the motion to appoint counsel (dkt. # 3); and recommended that Plaintiff's Complaint (Dkt. No. 1) be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). Plaintiff has not filed objections to the Order and Report-Recommendation, and the time to do so has expired.

II. DISCUSSION

After examining the record, this Court has determined that the Order and Report-Recommendation is not subject to attack for plain error or manifest injustice.

III. CONCLUSION

Accordingly, the Court ADOPTS the Order and Report-Recommendation for the reasons stated therein. Plaintiff's complaint is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).

IT IS SO ORDERED.


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