Scarbrough v. New York State Department of Correctional Services et al

Filing 61

ORDER: ORDERED, that the Report-Recommendation is hereby adopted in its entirety. ORDERED, that the Defendants' 36 Motion to Dismiss and 24 Motion to Dismiss are GRANTED, and Plaintiff's complaint in this action is dismissed, with leave to replead. Signed by Chief Judge Norman A. Mordue on 8/31/10. (Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ LESTER LEE SCARBROUGH, JR., Plaintiff, v. MR. EVANS, OMH Social Worker; SMITH, Nurse Administrator; R.N. SMITH; VITALINE LaPAGE, Corrections Counselor; and JOSEPH BELLNIER, Upstate Correctional Facility, Defendants. ________________________________________________ APPEARANCES: LESTER LEE SCARBROUGH, JR. 08-B-0351 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 Plaintiff, pro se HON. ANDREW M. CUOMO New York State Attorney General The Capitol Albany, NY 12224 Counsel for Defendants CHRISTINA ROBERTS-RYBA, ESQ. Assistant Attorney General OF COUNSEL: 9:09-CV-0850

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NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 10th day of August 2010. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge's Report-

Recommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The Defendants' motions to dismiss (Dkt. Nos. 24, 36) are granted, and Plaintiff's complaint in this action is dismissed, with leave to replead. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: August 31, 2010 Syracuse, New York
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