Martin v. Patterson et al

Filing 21

ORDER that the Report-Recommendation (Dkt. No. 19) is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants Patterson and Goord's Motion to dismiss (Dkt. No. 9) is GRANTED, and Plaintiff's Complaint is DISMISSED in its entirety wit h prejudice as to Defendants Patterson and Goord. ORDERED, that Defendant Carlsen's Motion to dismiss (Dkt. No. 14) is GRANTED, and Plaintiff's Complaint is DISMISSED in its entirety without prejudice as to Defendant Carlsen. Signed by Senior Judge Lawrence E. Kahn on 8/3/10. {order served via regular mail on all non-ecf parties}(nas)

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Martin v. Patterson et al Doc. 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK WAYNE MARTIN, Plaintiff, -againstPATTERSON, et al., Defendants. 9:09-CV-1372 (LEK/ATB) DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on July 16, 2010, by the Honorable Andrew T. Baxter, 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. 19). 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 Baxter'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. 19) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Patterson and Goord's Motion to dismiss (Dkt. No. 9) is GRANTED, and Plaintiff's Complaint is DISMISSED in its entirety with prejudice as to Defendants Patterson and Goord; and it is further Dockets.Justia.com ORDERED, that Defendant Carlsen's Motion to dismiss (Dkt. No. 14) is GRANTED, and Plaintiff's Complaint is DISMISSED in its entirety without prejudice as to Defendant Carlsen; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: August 03, 2010 Albany, New York 2

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