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Flores v. Roman

United States District Court, N.D. New York

January 15, 2015

JOHNNY FLORES, Plaintiff,
v.
SILVANO ROMAN; STATE OF NEW YORK; SCOTT MCNAMARA; and SONIA RODRIGUEZ, Defendants.

JOHNNY FLORES, Plaintiff Pro Se, Utica, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Johnny Flores filed this action on December 22, 2014. On December 24, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed in its entirety with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-iii) as frivolous, for failure to state a federal claim, and based upon Eleventh Amendment immunity as to defendant New York State. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's complaint is DISMISSED in its entirety with prejudice; and

2. The Clerk is directed to enter Judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, and close the file.

IT IS SO ORDERED.


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