Roberts v. Fischer et al, No. 9:2009cv00750 - Document 55 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER: ORDERED, that the 49 Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendant's 27 Motion for Judgment on the Pleadings is GRANTED. ORDERED, that Plaintiff's 1 Complaint is DISMISSED without prejudice as to Defendant Fischer. Signed by Senior Judge Lawrence E. Kahn on 7/19/10. (Decision and Order served on plaintiff by regular mail) (alh, )
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Roberts v. Fischer et al Doc. 55 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK WILLIAM ROBERTS, Plaintiff, -against- 9:09-CV-0750 (LEK/ATB) BRIAN FISCHER, et al., Defendants. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on June 28, 2010, by the Honorable Andrew T. Baxter, 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. 49). Within fourteen days 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 Magistrate Judge Baxter s ReportRecommendation. 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. 49) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant s Motion for judgment on the pleadings (Dkt. No. 27) is GRANTED; and it is further 1 Dockets.Justia.com ORDERED, that Plaintiff s Complaint (Dkt. No. 1) is DISMISSED without prejudice as to Defendant Fischer; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: July 19, 2010 Albany, New York 2
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