Vandermark v. The County of Montgomery et al, No. 6:2011cv00090 - Document 52 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER adopting 50 Report and Recommendations; dismissing the complaint. Signed by Senior Judge Thomas J. McAvoy on 2/19/13. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------THERESA VANDERMARK, as Administrator of the Estate of James Vandermark, Plaintiff, v. 6:11-CV-0090 THE COUNTY OF MONTGOMERY, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION & ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the December 13, 2012 Report-Recommendation were raised by the parties. After examining the record, the Court determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein. Thus, it is ordered that Plaintiff s complaint be DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Dated: February 19, 2013 -2-
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