Porter v. Hayes ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JUDGMENT IN A CIVIL CASE John A. Porter, Ill Plaintiff(s) vs. CASE NUMBER: 5:22-cv-1067 (TJM/TWD) Shaiquida B. Hayes Defendant(s) Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT |S ORDERED AND ADJUDGED: Order and Report-Recommendation, Dkt. No. 4, is ACCEPTED and ADOPTED. ORDERED that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED WITHOUT LEAVE TO AMEND pursuant to Fed. R. Civ. P. 12(h)(3), 28 U.S.C. § 1915(e)(2)(B)(ii), and Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). All of the above pursuant to the order of the Honorable Thomas J. McAvoy, dated the 19" day of January, 2023. DATED: January 19, 2023 “/ Kd of Court s/Kathy Rogers Deputy Clerk