O'Sullivan v. Fischer, No. 9:2010cv00440 - Document 14 (N.D.N.Y 2011)

Court Description: DECISION AND ORDER: Ordered, that the Report-Recommendation (Dkt. No. 13 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion to dismiss for failure to state a claim (Dkt. No. 12 ) is GRANTED with leave to amend within thirty days of this order. Signed by Senior Judge Lawrence E. Kahn on 9/8/11. (Served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK THOMAS O SULLIVAN, Plaintiff, -against- 9:10-CV-0440 (LEK/GHL) BRIAN FISCHER, Defendant. DECISION and ORDER This matter comes before the Court following a Report-Recommendation filed on August 15, 2011 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 13). 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 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. 13) 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. 12) is GRANTED with leave to amend within thirty days of this order; and it is further 1 ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: September 08, 2011 Albany, New York 2

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