Opinion
Civil Action No. 1:11-cv-949 (GLS/RFT)
01-27-2012
FOR THE PLAINTIFF: ROGER L. HARRIS Plaintiff, Pro Se
APPEARANCES:
FOR THE PLAINTIFF:
ROGER L. HARRIS
Plaintiff, Pro Se
OF COUNSEL:
GARY L. SHARPE,
Chief Judge
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed October 4, 2011. Following ten 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
Randolph F. Treece filed October 4, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; and it is further
ORDERED, that the Clerk of the Court is directed to serve a copy of this order upon the plaintiff by regular and certified mail. IT IS SO ORDERED Dated: January 27, 2012
Albany, New York
GARY L. SHARPE
Chief Judge
U.S. District Judge