Helmer v. Herkimer County Jail et al

Filing 34

ORDER: ORDERED that 33 Report and Recommendation is APPROVED and ADOPTED in its entirety. ORDERED that 24 Motion for Summary Judgment is GRANTED and plaintiff's complaint is dismissed in its entirety. Signed by Senior Judge Lawrence E. Kahn on 3/17/11. {order served via regular mail on all non-ecf parties}(nas)

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Helmer v. Herkimer County Jail et al Doc. 34 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK FRANCIS HELMER, JR., Plaintiff, v. HERKIMER COUNTY JAIL ADMINISTRATOR; and SHANNON, Nurse, Herkimer County Jail, Defendants. 9:09-CV-0542 (LEK/DRH) ORDER This matter comes before the Court following a Report-Recommendation filed on February 24, 2011, by the Honorable David R. Homer, 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. 33). Within fourteen days 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 Magistrate Judge Homer'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. 33) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 24) is GRANTED and Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in its entirety; and it is further Dockets.Justia.com ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: March 17, 2011 Albany, New York 2

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