Ali et al v. Fischer et al

Filing 29

ORDER that 27 Report and Recommendations is adopted. ORDERED granting 17 Motion to Dismiss and Ali's complaint is dismissed in its entirety. Signed by Senior Judge Thomas J. McAvoy on 9/28/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TALIV ALI, Plaintiffs, v. BRIAN FISCHER, Commissioner, Dept of Correctional services; RICHARD Roy, Inspector Gen., Dept. Of Correctional services; VERN FONDA, Dir. Of I.G., Dept. Of Correctional services; ROBERT K. WOOD, Superintendent of Upstate Correctional Facility; and STATE OF NEW YORK, Defendants. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This Pro Se matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Judge David R. Homer United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3 (c). No objections to the July 28, 2009 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. 08-CV-974

It is, therefore, ORDERED that Defendants' motions to dismiss (Docket Nos. 17, 24) are GRANTED and Ali's complaint is DISMISSED in its entirety. IT IS SO ORDERED. Dated: September 28, 2009

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