Price v. Goord et al, No. 9:2010cv00181 - Document 26 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: ORDERED, that the 23 Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion to dismiss for failure to state a claim (Dkt. No. 15 ) is GRANTED with prejudice with respect to Defenda nt Goord and Defendant Lemons in their official capacities, but with leave to amend with respect to Defendant Goord and Defendant Lemons in their individual capacities. Signed by Senior Judge Lawrence E. Kahn on 4/29/11. (Decision and Order served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GEORGE MORAN PRICE, Plaintiff, -against- 9:10-CV-00181 (LEK/GHL) GLENN GOORD; HENRY LEMONS, JR., Defendants. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 10, 2011, by the Honorable George H. Lowe, 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. 23). 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(c). No objections have been raised in the allotted time with respect to Magistrate Judge Lowe 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. 23) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion to dismiss for failure to state a claim (Dkt. No. 15) is GRANTED with prejudice with respect to Defendant Goord and Defendant Lemons in their official capacities, but with leave to amend with respect to Defendant Goord and Defendant Lemons in their individual capacities; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: April 29, 2011 Albany, New York 2
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