Figueroa v. Wright et al, No. 9:2007cv01223 - Document 16 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER granting Defts' 13 Motion to Dismiss and the action is dismissed; Defts' motion for a protective order is denied without prejudice as moot; adopting 15 Report and Recommendations. Signed by Senior Judge Thomas J. McAvoy on 3/11/09. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MIGUEL FIGUEROA, Plaintiff, v. 9:07-CV-1223 (TJM/GHL) DR. LESTER WRIGHT, M.D., Deputy Commissioner, NYS DOCS; and BENJAMIN DARNOBID, Physician Assistant, Shawangunk C.F., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). The Report-Recommendation dated September 16, 2008 recommended that Defendants motion to dismiss the action be granted and that Defendants motion for a protective order be denied without prejudice as moot. No objections to the Report and Recommendation have been filed and Plaintiff s time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the ReportRecommendation for the reasons stated therein. 1 It is therefore, ORDERED that Defendants motion to dismiss the action (dkt. # 13) is GRANTED and the action is DISMISSED. Further, Defendants motion for a protective order is DENIED WITHOUT PREJUDICE as moot. The Clerk of the Court is instructed to mark this case closed. IT IS SO ORDERED DATED:March 11, 2009 2
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