Rodriguez v. Thompson et al, No. 9:2009cv01336 - Document 35 (N.D.N.Y 2011)

Court Description: DECISION AND ORDER adopting Magistrate Judge Treece's 30 Report-Recommendations and granting Defendants' 20 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 3/30/2011. (amt) [Pltf served via reg. mail]

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Rodriguez v. Thompson et al Doc. 35 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ PEDRO RODRIGUEZ, Plaintiff, -v- Civ. No. 9:09-CV-1336 (TJM/RFT) DR. THOMPSON, NYDOC Employee; KAREN BELLAMY, NYCOD Employee; SUPERINTENDENT, Great Meadow Corr. 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 January 3, 2011 have been filed, and the time to do so, including extensions, 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. II. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the 1 Dockets.Justia.com reasons stated therein. Therefore, it is hereby ORDERED that Defendants Motion to Dismiss (Dkt. No. 20) is GRANTED and the Complaint is DISMISSED. IT IS SO ORDERED DATED: March 30, 2011 2

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