Medina v. Apple et al, No. 9:2016cv01284 - Document 44 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: ORDERED that 35 Report and Recommendation is accepted and adopted. Plaintiff's claims against the Doe defendant are hereby DISMISSED. The Clerk of the Court is DIRECTED to TERMINATE Defendant Jane Doe (Nurse II) from the action. Signed by Senior Judge Thomas J. McAvoy on 5/31/18. {order served via regular mail and certified mail on plaintiff}(nas, )

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Medina v. Apple et al Doc. 44 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MIGUEL MEDINA, Plaintiff, v. 9:16-CV-1284 (TJM/DEP) SGT. SHEEHAN, Albany County Correctional Facility; and JANE DOE, Nurse II, Defendants. ________________________________________ Thomas J. McAvoy, S.U.S.D.J.: DECISION & ORDER This action, brought pursuant to 42 U.S.C. § 1983, was referred by the Court to the Honorable David E. Peebles, Chief United States Magistrate Judge, for a ReportRecommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Magistrate Judge Peebles’ Report-Recommendation, issued March 23, 2018, recommends dismissal of all Plaintiff's claims against the Doe defendant be dismissed and that the Doe defendant be terminated from the action. See dkt. # 35. No objections to the Report-Recommendation have been filed. After examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. The Court therefore accepts and adopts the Report-Recommendation for the reasons stated therein. As such, the Court ACCEPTS and ADOPTS the Report-Recommendation of Magistrate Judge Peebles, dkt. # 35. Plaintiff’s claims against the Doe defendant are 1 Dockets.Justia.com hereby DISMISSED. The Clerk of the Court is DIRECTED to TERMINATE Defendant Jane Doe (Nurse II) from the action. IT IS SO ORDERED. Dated: May 31, 2018 2

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