Calloway v. Denane et al, No. 9:2007cv00664 - Document 43 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER granting Defts' 36 Motion for Summary Judgment and the claims in this action are dismissed; Also, adopting 41 Report and Recommendations. Signed by Senior Judge Thomas J. McAvoy on 9/22/09. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MARTIN CALLOWAY, Plaintiff, v. No. 07-CV-664 (TJM/DRH) FRANK C. DENANE, Director, Corr. Dental Services; DAWN CRULL, Nurse, Cayuga Correctional Facility; CANDY BONVINNO; and TOM NAPOLI, Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation and Order dated July 31, 2009 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. It is therefore, ORDERED that Defendants motion for summary (Docket No. 36) is GRANTED in 1 all respects, and the claims in this action are DISMISSED. The Clerk of the Court is instructed to enter judgment in favor of Defendants and to close the file in this matter. IT IS SO ORDERED DATED:September 22, 2009 2
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