Stinson v. Tyminsk et al

Filing 17

DECISION AND ORDER: ORDERED, that the 16 Report and Recommendations is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' 10 Motion to Dismiss is GRANTED. ORDERED, that Plaintiff's 1 Complaint is DISMISSED without prejudice in its entirety. Signed by Senior Judge Lawrence E. Kahn on 3/11/09. (Order served on Plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK RICHARD STINSON, Plaintiff, -againstT. TYMINSK, et al., Defendants. 9:08-CV-00481 (LEK/GJD) DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on February 18, 2009, by the Honorable Gustave J. DiBianco, 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. 16). 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 DiBianco's 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. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion to dismiss (Dkt. No. 10) is GRANTED; and it is 1 further ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is dismissed without prejudice in its entirety, pursuant to Fed. R. Civ. P. 12(b)(6); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: March 11, 2009 Albany, New York 2

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