Perez-Avalos v. Warden et al, No. 9:2009cv00211 - Document 34 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER granting Defts' 29 Motion to Dismiss; adopting 33 Report and Recommendations. Dismissing the complaint in its entirety. Signed by Senior Judge Thomas J. McAvoy on 11/18/10. (sfp, )
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Perez-Avalos v. Warden et al Doc. 34 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------AMANDO PEREZ-AVALOS, Plaintiff, v. 09-CV-0211 DEBORAH G. SCHULT, Warden FCI Ray Brook, D. MARIRNI, M.D., clinical director, Defendants. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This matter brought pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C.A. §§ 1346(b), 2671 et seq. and Bivens v. Six Unknown Named Agent of Federal Bureau of Narcotics, 403 U.S. 388 (1971), was referred to the Hon. Randolph F. Treece, 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 October 14, 2010 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and grants Defendants motion to dismiss DISMISSES the Complaint in its entirety. IT IS SO ORDERED. Dockets.Justia.com Dated: November 18, 2010 - 2 -
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