YVETTE KANE, District Judge.
Before the Court in the captioned action is a September 23, 2013 Report and Recommendation of the Magistrate Judge. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The court adopts the report and recommendation of Magistrate Judge Schwab.
2) The Plaintiff's Motions for Leave to Proceed in forma pauperis (Doc. Nos. 4 and 6), are GRANTED.
3) The Complaint is DISMISSED WITHOUT PREJUDICE and Plaintiff is granted leave to file an amended complaint within 20 days to attempt to state a claim upon which relief may be granted.
4) If Plaintiff does not file an amended complaint within 20 days of the date of this order, the Clerk of Court is directed to close the case.
5) If Plaintiff files an amended complaint within 20 days of the date of this order, all further proceedings in this matter are ...