Martin, et al v. Howard, et al

Filing 43

ORDER that 41 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED that 37 Motion for Summary Judgment is granted and plaintiff's complaint in this action is dismised against defendants Howard, White, Liberty, Caron and Goord, with prejudice, and dismissed against defendants Girdich and Paige without prejudice. Signed by Senior Judge Lawrence E. Kahn on 2/5/08. (nas)

Martin, et al v. Howard, et al

Doc. 43

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ALI P. MARTIN, Plaintiff, -againstTED HOWARD, et al, Defendants. 9:03-CV-0712 (LEK/DEP)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on January 2, 2008, by the Honorable David E. Peebles, 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. 41). Within ten days, excluding weekends and holidays, 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 Judge Peebles' Report-Recommendation. 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. 41) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 37) is GRANTED and Plaintiff's Complaint in this action is dismissed against Defendants Howard, White, Liberty, 1

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Caron, and Goord, with prejudice, based upon Plaintiff's failure to exhaust available administrative remedies; and further, that Plaintiff's claims as against Defendants Girdich and Paige be dismissed without prejudice, based upon Plaintiff's failure to serve those Defendants. Accordingly, Plaintiff's Complaint is DISMISSED in its ENTIRETY; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: February 05, 2008 Albany, New York

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