Phipps v. Guilani et al, No. 9:2010cv01588 - Document 29 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER adopting the 28 Report and Recommendations; denying Deft Gillani's 16 Motion to Dismiss w/out prejudice; and granting Deft State of New York's 23 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 1/30/2012. (amt)[Pltf served via reg. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ RONALD PHIPPS, Plaintiff v. 9:10-CV-1588 (TJM/DEP) DR. SOHAIL A. GILLANI and THE STATE OF NEW YORK, 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 E. Peebles, 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 Magistrate Judge Peebles s January 5, 2012 Report and Recommendation1 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. 1 The Report Recom m endation is dated January 5, 2011 but was docketed on January 5, 2012. See dkt. # 28. The Court presum es that the year typed on the docum ent was the result of a typographical error. 1 II. CONCLUSION The Court ADOPTS the Report and Recommendation [dkt. # 28] for the reasons stated therein. Therefore, it is hereby ORDERED that the motion of Defendant State of New York to dismiss Plaintiff s claims in this action against that defendant (Dkt. No. 23) is GRANTED, and all claims against the State of New York are DISMISSED; and it is further ORDERED that the motion of Defendant Dr. Sohail Gillani to dismiss Plaintiff s claims against him in this action (Dkt. No. 16) is DENIED without prejudice to Defendant s right to raise a defense of qualified immunity in the future. IT IS SO ORDERED Dated: January 30, 2012 2

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