Terry v. Campbell et al, No. 9:2012cv01544 - Document 39 (N.D.N.Y 2013)
Court Description: DECISION & ORDER: ORDERED that 25 Report and Recommendation is adopted and that 18 Motion to Dismiss for Failure to State a Claim is denied. Signed by Senior Judge Thomas J. McAvoy on 9/24/13.{order served via regular mail on plaintiff} (nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------HENRY TERRY, Plaintiff, 9:12-CV-1544 v. BEVERLY CAMPBELL; PATRICIA SCHWARTZ; COSINO FERRARI, M.D.; VONDA JOHNSON, M.D., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In her May 29, 2013 Report-Recommendation (Dkt. No. 25), Magistrate Judge Dancks recommends that Defendant Johnson s motion to dismiss (Dkt. No. 18) be denied. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired. II. DISCUSSION 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. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendant Johnson s Rule 12(b)(6) motion to dismiss (Dkt. No. 18) is DENIED. IT IS SO ORDERED. Dated: September 24, 2013 2
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