DeJesus v. Warner et al

Filing 61

ORDER that 58 Report and Recommendations is accepted in its entirety. ORDERED granting 51 Motion for Summary Judgment. ORDERS that the remaining claims are DISMISSED IN THEIR ENTIRETY. Signed by Senior Judge Frederick J. Scullin, Jr on 9/10/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ERNESTO DEJESUS, Plaintiff, No. 9:06-CV-1496 (J. Scullin)

vs. DR. LESTER WRIGHT and DR. MARIO DOUYON DE AZEVEDO, Defendants.

APPEARANCES: OF COUNSEL ERNESTO DEJESUS, Plaintiff Pro Se #04-A-3038 Franklin Correctional Facility PO Box 10 Malone, NY 12953 OFFICE OF THE ATTORNEY GENERAL State of New York Attorney for Respondent The Capitol Albany, NY 12224 FREDERICK J. SCULLIN, JR., S.J. ADELE M. TAYLOR-SCOTT, ESQ. Assistant Attorney General

DECISION AND ORDER

Currently before the Court is Magistrate Judge Gustave J. DiBianco's ReportRecommendation filed August 7, 2009 to which the parties have filed no objections. On August 24, 2009, Senior Judge Frederick J. Scullin extended the plaintiff's deadline to submit objections

to Magistrate Judge DiBianco's Report-Recommendation to on or before August 31, 2009. Thereafter, plaintiff has filed no objections to said Report-Recommendation. Accordingly, the Court having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby ORDERS that the Report-Recommendation of Magistrate Judge Gustave J. DiBianco filed August 7, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further ORDERS that the motion for summary judgment on behalf of defendants, Drs. Wright and De Azevedo is GRANTED, and the Court further ORDERS that the remaining claims are DISMISSED IN THEIR ENTIRETY, and the Court further ORDERS that the Clerk of the Court is to enter judgment in favor of the defendants and close this case.

IT IS SO ORDERED. Dated: September 10, 2009 Syracuse, New York