Perry v. Tichler

Filing 30

***VACATED PER ORDER DATED 4/29/09*** ORDER: ORDERED, that the 27 Report and Recommendations is adopted in its entirety. ORDERED, that Defendant's 18 Motion for Summary Judgment is GRANTED and the 1 Complaint is dismissed. Signed by Chief Judge Norman A. Mordue on 4/21/09. (Order served on non-ecf party by regular mail) (alh, ) Modified on 4/29/2009 (alh, ).

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ KAREEM S. PERRY, Plaintiff, v. L. TICHLER,1 Physician, Upstate Correctional Facility, Defendant. ________________________________________________ APPEARANCES: KAREEM S. PERRY Southport Correctional Facility P.O. Box 2000 Pine City, NY 14871 Plaintiff, Pro se
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9:06-CV-1361

OF COUNSEL:

HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 Attorney for Defendant Tichenor

STEVEN H. SCHWARTZ Assistant Attorney General

NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 10th day of March 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

The correct spelling of the Defendant's name appears to be "Tichenor," not "Tichler." Dkt. No. 18-2, Defs.' Rule 7.1(a)(3) Statement at ¶ 1; Dkt. No. 18, Louise Tichenor Decl., dated Jan. 3, 2008. Accordingly, we will refer to Defendant using the correct spelling of her name.

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After careful review of all of the papers herein, including the Magistrate Judge's ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. Defendant's Motion for Summary Judgment (Dkt. No. 18) is granted and the Complaint (Dkt. No. 1) is dismissed. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: April 21, 2009 Syracuse, New York
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