Pacheco v. Pataki et al

Filing 91

ORDER: ORDERED, that the 89 Report-Recommendation of Magistrate Judge George H. Lowe filed on May 5, 2010 is ACCEPTED in its entirety as set forth in this Order. ORDERED, that Defendant Alexander's 83 Motion to Dismiss the claims against him for failure to state a claim is GRANTED without leave to amend. Signed by Senior Judge Frederick J. Scullin, Jr on 8/9/10. (Order served on non-ecf parties by regular mail) (alh, )

Pacheco v. Pataki et al

Doc. 91

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MILTON MUSA PACHECO, Plaintiff, Civil Action No. 9:07-CV-0850 (FJS/GHL)

v. GEORGE E. PATAKI, ELLIOTT SPITZER, ANTHONY ELLIS, GEORGE B. ALEXANDER, E. WOODS, BRIAN FISHER, LUCIEN J. LECLAIRE, JR., ROBERT DENNISON, Defendants.

APPEARANCES: MILTON MUSA PACHECO, 79-B-0064 Plaintiff pro se Great Meadow Correctional Facility Box 51 Comstock, New York 12821

OF COUNSEL

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

KRISTA A. ROCK, ESQ. Assistant Attorney General

FREDERICK J. SCULLIN, JR., S.J.:

Dockets.Justia.com

ORDER Currently before the Court is Magistrate Judge George H. Lowe's ReportRecommendation filed May 5, 2010, to which the parties have filed no objections. On May 26, 2010, this Court extended the Plaintiff's deadline to submit objections to Magistrate Judge Lowe's Report-Recommendation to July 26, 2010. Thereafter, Plaintiff filed no objections to said Report-Recommendation. Accordingly, having reviewed that Report-Recommendation and the entire file in this matter, the Court hereby ORDERS that the Report-Recommendation of Magistrate Judge George H. Lowe filed May 5, 2010, is ACCEPTED in its entirety, for the reasons stated therein; and the Court further ORDERS that Defendant Alexander's motion to dismiss the claims against him for failure to state a claim is GRANTED without leave to amend; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: August 9, 2010 Syracuse, New York