Rodriguez v. Baker

Filing 16

DECISION and ORDER: ORDERED that 15 Report and Recommendation is accepted in whole. ORDERED that 11 Motion to Dismiss is granted and the complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 8/24/11. {order served via regular mail on all non-ecf parties}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOSE RODRIGUEZ, Plaintiff, -v- 9:10-CV-1122 BAKER, Nurse, Upstate Correctional Facility, Defendant. -------------------------------APPEARANCES: OF COUNSEL: JOSE RODRIGUEZ Plaintiff, pro se 82-A-4529 Upstate Correctional Facility P.O. Box 2001 309 Bare Hill Road Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 WILLIAM J. McCARTHY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On August 2, 2011, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted and the case be dismissed. No objections to the ReportRecommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore, it is ORDERED that 1. Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED; and 2. The complaint is DISMISSED in its entirety. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: August 24, 2011 Utica, New York. -2-

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