Jarvis v. Crook et al

Filing 20

DECISION AND ORDER: ORDERED, that the 18 Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants' 13 Motion to Dismiss is GRANTED and this action is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 11/20/09. (order served via regular mail on plaintiff)(mnc)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOHN JARVIS, Plaintiff, -againstDOCTOR M. CROOK, et al., Defendants. 9:09-CV-0446 (LEK/RFT)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on November 4, 2009, 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. 18). 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 Treece'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. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion to dismiss is GRANTED and this action is DISMISSED in its entirety; and it is further 1

ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: November 20, 2009 Albany, New York

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