Gantt v. Racicot

Full title: MARK W. GANTT, Plaintiff, v. DESMOND J. RACICOT, Chief of Police, R.M…

Court: United States District Court, N.D. New York

Date published: Feb 7, 2011

5:10-CV-1526 (N.D.N.Y. Feb. 7, 2011)

Opinion

5:10-CV-1526.

February 7, 2011

Mark W. Gantt, 08-A-3883, Five Points Correctional Facility, Romulus, NY, Plaintiff, pro se .

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 7^th day of January 2011. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in part.

2. The complaint is dismissed without prejudice and the in forma pauperis application is denied as moot.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. Plaintiff shall be served by certified mail, return receipt requested.

IT IS SO ORDERED.

Dated: February 7, 2011 Syracuse, New York