Thompson v. Carlsen et al, No. 9:2008cv00487 - Document 29 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER adopting the 28 Report and Recommendations; granting Defendants' 24 Motion for Summary Judgment; Dismissing the 1 Complaint in its entirety. Signed by Senior Judge Thomas J. McAvoy on 3/10/2010. (amt) [Pltf served via reg. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DERRICK THOMPSON, Plaintiff, -v- Civ. No. 9:08-CV-487 (TJM/RFT) MR. CARLSEN, Superintendent of Ulster Correctional Facility; WHITE, Ms., Administrative Nurse; FRANZA, Nurse, Ulster Correctional Facility; CRAWLEY, Nurse, Ulster Correctional Facility, 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. Randolph F. Treece, 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 February 16, 2010 have been filed, and the time to do so has expired. 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. 1 It is therefore, ORDERED that Defendants Motion for Summary Judgment (Dkt. No. 24) is GRANTED and the Complaint (Dkt. No. 1) is DISMISSED in its entirety. 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:March 10, 2010 2

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