Powell v. Correctional Medical Care/Employees et al

Filing 56

DECISION and ORDER re 51 Report and Recommendations. ORDERED that the action is dismissed as to all claims and all defendants; ORDERED that the Clerk is directed to serve the plaintiff with a copy of this order at the various addressed he has given for delivery of his mail; and close the file. Signed by Judge David N. Hurd on 3/2/2011. (served plaintiff by regular mail at all addresses provided) (mnc)

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-DRH Powell v. Correctional Medical Care/Employees et al Doc. 56 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ JABBAR K. POWELL, Plaintiff, vs DR. TOM - JOHN DOE 1, Physician, NURSE GLENN - JOHN DOE 2, Nurse, DR. FRICKE JOHN DOE 3, Physician for the Medical Staff, Each Officially and Individually of County Jail Medical Staff; MAJOR ELWELL - JOHN DOE 4, Officer, and SERGEANT LABRAC, Officer, Each Individually and Official capacity; HARRY C. BUFFARDI, Sheriff, Schenectady County Sheriff Dept.' CORRECTIONAL MEDICAL CARE/EMPLOYEES, in their Official and Individual Capacities; and SCHENECTADY COUNTY SHERIFF DEPT., Defendant. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: JABBAR K. POWELL Plaintiff, Pro Se 428 Duane Avenue Schenectady, NY 12304 SMITH, SOBIK, KENDRICK & SUGNET, P.C. Attorneys for Defendant, Dr. Tom, Nurse Glenn and Correctional Medical Care/Employees Suite 600 250 South Clinton Street Syracuse, new York 13202-1252 THUILLEZ, FORD, GOLD, BUTLER & YOUNG, LLP Attorneys for Defendant Fricke 6th Floor 20 Corporate Woods Boulevard Albany, New York 12211-1715 DANIEL R. RYAN, ESQ. 9:10-CV-268 KELLY M. MONROE, ESQ. Dockets.Justia.com GOLDBERG, SEGALLA, LLP Attorneys for Defendants Major Elwell, Sergeant Labrac, Harry C. Buffardi and Schenectady County Sheriff Dept. Suite 300 8 Southwoods Boulevard Albany, New York 12211-2526 DAVID N. HURD United States District Judge JONATHAN M. BERNSTEIN, ESQ. WILLIAM J. GREAGAN, ESQ. DECISION and ORDER Plaintiff, Jabbar K. Powell, commenced this civil rights action in March 2010, pursuant to 42 U.S.C. 1983. By Report-Recommendation dated February 4, 2011, the Honorable David R. Homer, United States Magistrate Judge, recommended that this action be dismissed as to all claims and all defendants. No objections to the ReportRecommendation have been filed, however the attorneys for the Schenectady County defendants submitted a clarification of one point in the Report and Recommendation, and further urged dismissal of the County Defendants. Based upon a careful review of the file, and the Report-Recommendation of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The action is DISMISSED as to all claims and all defendants; and 2. The Clerk is directed to serve the plaintiff with a copy of this order at the various addresses he has given for delivery of his mail; and close the file. - 2 - IT IS SO ORDERED. Dated: March 2, 2011 Utica, New York. - 3 -

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