O'Sullivan v. Fischer

Filing 14

DECISION AND ORDER: Ordered, that the Report-Recommendation (Dkt. No. 13 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion to dismiss for failure to state a claim (Dkt. No. 12 ) is GRANTED with leave to amend within thirty days of this order. Signed by Senior Judge Lawrence E. Kahn on 9/8/11. (Served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
THOMAS O’SULLIVAN,
Plaintiff,
-against-

9:10-CV-0440 (LEK/GHL)

BRIAN FISCHER,
Defendant.

DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on August
15, 2011 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. 13).
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 Lowe’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. 13) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants’ Motion to dismiss for failure to state a claim (Dkt. No. 12) is
GRANTED with leave to amend within thirty days of this order; and it is further
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ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.

DATED:

September 08, 2011
Albany, New York

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