Coon v. Bell et al, No. 1:2016cv00291 - Document 11 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER: The Court ADOPTS the # 8 Report and Recommendations and it is ORDERED that the # 1 Complaint is dismissed pursuant to 28 U.S.C. Section 1915(e) for failure to state a claim upon which relief may be granted; and it is further h ereby, ORDERED that the Plaintiff's Amended Complaint (found at docket entry # 10) is ACCEPTED for filing, and is referred to Magistrate Judge Stewart for a 28 U.S.C. § 1915(e) review. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on May 23, 2016. {The clerk sent a copy of this Decision and Order to the Pro Se Plaintiff at 2902 Tibbits Ave Room 85, Troy, NY 12180 via regular U.S. Postal Mail}. (rep)
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Coon v. Bell et al Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD J. COON, Plaintiff, -v- Civ. No. 1:16-CV-291 (TJM/DJS) GEORGE BELL, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for initial review. In his April 26, 2016 Report-Recommendation and Order, Magistrate Judge Stewart recommends that the Complaint (dkt. # 1) be dismissed pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted, and that, in light of Plaintiff’s pro se status, he be afforded an opportunity to amend his Complaint. Plaintiff has not filed objections to the Report-Recommendation and Order (dkt. # 8), although he has made a request to file an Amended Complaint (dkt. # 10). II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack f or plain error or manifest injustice. 1 Dockets.Justia.com III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order (dkt. # 8) for the reasons stated therein. Thus, it is hereby ORDERED that the Complaint (dkt. # 1) is dismissed pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted; and it is further hereby, ORDERED that Plaintiff’s Amended Complaint (dkt. # 10) is accepted for filing, and is referred to Magistrate Judge Stewart for a 28 U.S.C. § 1915(e) review. IT IS SO ORDERED. Dated:May 23, 2016 2
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