-RFT Davidson v. Advisory of Civil (The Court) N.Y.C. to Cause Prejudice, No. 8:2010cv01397 - Document 26 (N.D.N.Y 2011)
Court Description: DECISION & ORDER accepting and adopting Magistrate Judge Treece's 9 Report and Recommendations; that the amended complaint is DISMISSED; the action is DISMISSED in its entirety; and the Clerk is directed to serve the pltf with a copy of this Order and close the file. Signed by Judge David N. Hurd on 5/9/2011. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ WILLIAM DAVIDSON, Plaintiff, vs 8:10-CV-1397 ADVISORY OF CIVIL(THE COURT) N.Y.C. TO CAUSE PREJUDICE, Defendant. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: WILLIAM DAVIDSON Plaintiff, Pro Se # 1601 11 Park Place C/O H.Van R. Es New York City, NY 10007 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, William Davidson, commenced this civil rights action in November 2010, pursuant to 42 U.S.C. ยง 1983. By Order dated January 6, 2011, plaintiff was afforded the opportunity to submit an amended complaint. The plaintiff has now submitted a purported amended complaint (Docket No. 6) which is rambling and incoherent. The Honorable Randolph F. Treece, United States Magistrate Judge, has filed a second ReportRecommendation and Order dated January 21, 2011, wherein he recommends that the action be dismissed due to plaintiff s failure to state a claim or to comply with Fed. R. Civ. P 8 and 10. No objections to the Report-Recommendation have been filed. Based upon a careful review of the file, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The amended complaint is DISMISSED; 2. The action is DISMISSED in its entirety; and 3. The Clerk is directed to serve the plaintiff with a copy of this order and close the file. IT IS SO ORDERED. Dated: May 9, 2011 Utica, New York. - 2 -
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