-DRH Rosa v. Keiser et al, No. 9:2010cv01313 - Document 56 (N.D.N.Y 2012)
Court Description: DECISION and ORDER: The 54 Report and Recommendation is accepted in whole. ORDERED that 47 Motion to Dismiss is granted and the complaint is dismissed in its entirety with prejudice. Signed by Judge David N. Hurd on 6/13/12. {order served via regular mail on all non-ecf parties}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JUAN ROSA, Plaintiff, 9:10-CV-1313 (DNH/DRH) -v- DR. JACK KEISER M.D., Cayuga Correctional Facility; D. STALLONE, Cayuga Correctional Facility Superintendent; and T. NAPOLI, Cayuga Correctional Facility I.G.P.S., Defendants. -------------------------------APPEARANCES: OF COUNSEL: JUAN ROSA Plaintiff Pro Se 05-A-4978 Elmira Correctional Facility Post Office Box 500 Elmira, NY 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 DAVID L. COCHRAN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. ยง 1983. On May 14, 2012, the Honorable David R. Homer, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion to dismiss pursuant to Federal Rule of Civil procedure 41(b) and Local Rule 41.2(b) be granted. No objections to the ReportRecommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that Defendants' motion to dismiss is GRANTED and the complaint is DISMISSED in its entirety with prejudice. IT IS SO ORDERED. Dated: June 13, 2012 Utica, New York. -2-
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