Harvey v. Correction Officers 1 through 6 et al

Filing 19

ORDER that 15 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED that 12 Motion to Dismiss is DENIED. Signed by Senior Judge Lawrence E. Kahn on 12/31/09. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GREGORY HARVEY, Plaintiff, -againstT. LaVALLEY, et al., Defendants. 9:09-CV-0517 (LEK/GHL)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on December 3, 2009, by the Honorable George H. Lowe, 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. 15). 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 Lowe'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. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, the Defendant LaValley's Motion to dismiss (Dkt. No. 12) is DENIED; and it is further 1

ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: December 31, 2009 Albany, New York

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