Townsend v. Pub. Storage, Inc.

Full title: NADINE TOWNSEND, Plaintiff, v. PUBLIC STORAGE, INC., Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Dec 17, 2014

No. 1:13-cv-1600 (TJM/TWD) (N.D.N.Y. Dec. 17, 2014)

Opinion

No. 1:13-cv-1600 (TJM/TWD)

12-17-2014

NADINE TOWNSEND, Plaintiff, v. PUBLIC STORAGE, INC., Defendant.

THOMAS J. McAVOY Senior United States District Judge

DECISION and ORDER

I. INTRODUCTION

This pro se action was referred to the Hon.Therese W. Dancks, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In he April 30, 2014 Order and Report-Recommendation (dkt. # 4), Magistrate Judge Dancks ordered that Plaintiff's in forma pauperis application (dkt. # 2) be granted for purposes of filing only; denied the motion to appoint counsel (dkt. # 3); and recommended that Plaintiff's Complaint (Dkt. No. 1) be DISMISSED WITH PREJUDICE pursuant to 28 U.S.( § 1915(e)(2)(B)(i)-(ii). Plaintiff has not filed objections to the Order and Report-Recommendation, and the time to do so has expired.

II. DISCUSSION

After examining the record, this Court has determined that the Order and Report-Recommendation is not subject to attack for plain error or manifest injustice.

III. CONCLUSION

Accordingly, the Court ADOPTS the Order and Report-Recommendation for the reasons stated therein. Plaintiff's complaint is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).

IT IS SO ORDERED.

Dated: December 17, 2014

/s/_________

Hon. Thomas J. McAvoy, SUSDJ