Ashford et al v. Spitzer et al

Filing 163

DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 161 ) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion to Dismiss pursuant to FED. R.CIV. P. 37(b) and 41(b) (Dkt. No. 152 ) is GRANTED and this action is DISMISSED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. Signed by Senior Judge Lawrence E. Kahn on 1/5/2012. (ptm)( Copy served on Plantiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ISSAC MCDONALD,1
Plaintiff,
-against-

9:08-CV-1036 (LEK/RFT)

BRIAN FISCHER, Commissioner, New
York State Department of Correctional
Services; EDWIN ELFELDT,
Coordinator, Sex Offender
Counseling and Treatment Program;
JOSEPH T. SMITH, Superintendent,
Shawangunk Correctional Facility;
NEVILLE ANDREWS, Deputy
Superintendent, Programs, Shawangunk
Correctional Facility; ED RUDDER,
Senior Counselor/Psychologist;
DICK FITCHETT, Senior Counselor;
BRIAN McCULLOUGH, Senior
Counselor; JOHN TOWNLEY,
Corrections Counselor/LMSW; and
STACEY BODE, Clinical Social
Worker II,
Defendants.

DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on November
9, 2011 by the Honorable Randolph F. Treece, 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.
161).
Within fourteen days after a party has been served with a copy of a Magistrate Judge’s

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Issac McDonald is the only remaining Plaintiff in this matter. The caption therefore
includes only him and the remaining Defendants.

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 Magistrate Judge Treece’s ReportRecommendation. 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. 161) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants’ Motion to Dismiss pursuant to FED. R.CIV. P. 37(b) and 41(b)
(Dkt. No. 152) is GRANTED and this action is DISMISSED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.

DATED:

January 05, 2012
Albany, New York

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