Cruz v. Tichenor et al, No. 9:2008cv00591 - Document 45 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER: ORDERED, that the 43 Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendant's 40 Motion to Dismiss is GRANTED and this action is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 12/1/09. (Decision and Order served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK HERMAN CRUZ, Plaintiff, -against- 9:08-CV-0591 (LEK/RFT) LOUISE TICHENOR, Nurse Practitioner, Upstate Correctional Facility; NURSE WALSH, Upstate Correctional Facility, Defendants. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on November 10, 2009, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 43). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Treece s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 43) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant s Motion to dismiss (Dkt. No. 40) is GRANTED and this 1 action is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: December 01, 2009 Albany, New York 2
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