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Larkins v. State, Office of The Attorney General

United States District Court, N.D. New York

January 16, 2015

RONALD LARKINS, Plaintiff,
v.
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL, STATE TROOPER CHRISTOPHER SPATH, INVESTIGATOR JARED PROPER, STATE TROOPER ANDREW CAMPBELL Defendants.

RONALD LARKINS, Plaintiff pro se, Auburn Correctional Facility, Auburn, New York, for the Plaintiff.

ORDER

GARY L. SHARPE, Chief Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed November 24, 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 Therese Wiley Dancks filed November 24, 2014 (Dkt. No. 6) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that the plaintiff's malicious prosecution claim is DISMISSED with leave to amend within thirty (30) days of this order; and it is further

ORDERED that the Clerk terminate the State of New York Office of the Attorney General as a Defendant without leave to amend; and it is further

ORDERED that the plaintiff's false arrest claim is DISMISSED without leave to amend; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules.

IT IS SO ORDERED.


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