Opinion
5:14-MC-0005 (GTS/ATB)
07-22-2014
MARK D. AMBROSE, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION, Defendant.
MARK D. AMBROSE Plaintiff, Pro Se OF COUNSEL:
APPEARANCES: MARK D. AMBROSE
Plaintiff, Pro Se
OF COUNSEL: GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se miscellaneous action filed by Mark Ambrose ("Plaintiff") against the United States Department of Justice ("Defendant"), is United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Plaintiff's Motion for an Order to Show Cause be denied and this action dismissed in its entirety, without prejudice, to Plaintiff's filing a proper civil action supported by a complaint under Freedom of Information Act (with the $400 filing fee or an in forma pauperis application documenting his financial inability to pay the fee). (Dkt. No. 3.) Plaintiff has filed no Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 3.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 3) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's Motion for an Order to Show Cause (Dkt. No. 1) is DENIED and this action DISMISSED without prejudice to Plaintiff's filing a proper civil action supported by a complaint. Dated: July 22, 2014
Syracuse, New York
__________
Hon. Glenn T. Suddaby
U.S. District Judge