Summary
dismissing claim under Section 1983 against plaintiff's landlord because there was no indication that defendant was employed by the state or otherwise acting under color of state law
Summary of this case from Baladi v. CurtisOpinion
No. 5:13-CV-1305
12-10-2013
BETTY DAVIES, Plaintiff, v. MICHAEL TOMUSHUNAS, Defendant.
BETTY S. DAVIES Plaintiff Pro Se
APPEARANCES: BETTY S. DAVIES
Plaintiff Pro Se
OF COUNSEL: DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Betty Davies brought this action pursuant to 42 U.S.C. § 1983. On October 23, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that the complaint be dismissed with prejudice.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's complaint is DISMISSED with prejudice.
The Clerk is directed to serve a copy of this Decision and Order on plaintiff and close the file.
IT IS SO ORDERED.
_______________
United States District Judge
Dated: December 10, 2013
Utica, New York.