Opinion
9:09-CV-430.
January 11, 2010
GOTFRIED JEAN, Plaintiff, pro se, Attica, NY.
ADRIENNE J. KERWIN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.
DECISION and ORDER
Plaintiff, Gotfried Jean, commenced this civil rights action in April 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated December 3, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendant Graham's motion for to dismiss for failure to state a claim (Docket No. 13) be granted with leave to amend. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendant Graham's motion to dismiss for failure to state a claim is GRANTED with leave to amend within thirty days of the date of this order;
2. Plaintiff's failure to amend the complaint within thirty days of the date of this order will result in the complaint being dismissed as against defendant Graham without further order of this court.
IT IS SO ORDERED.