YVETTE KANE, District Judge.
Before the Court in the captioned action is a December 16, 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) Plaintiff's complaint, (Doc. No. 1) is DISMISSED with leave to amend consistent with the Report and Recommendation, within twenty-one days of this order.
3) Plaintiff's motion for leave to proceed in forma pauperis (Doc. No. 2) is GRANTED.
3) The case is referred to Magistrate Judge Schwab for further ...