Velez v. Syracuse University Hospital Science Center et al

Filing 25

DECISION AND ORDER: ORDERED, that the Court ADOPTS the Report and Recommendation (Dkt. No. 23 ) and allows Plaintiff thirty days to file and serve an Amended Complaint as against the individual defendants only (i.e., not against Syracuse University Hospital Science Center, the Department Of Correction Services, Elmira Correctional Facility, Comstock Correctional Facility, Green Haven Correctional Facility, or Auburn Correctional Facility.). Signed by Senior Judge Thomas J. McAvoy on 3/2/12. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JOHN VELEZ,
Plaintiff,
-against-

9:10-CV-1570

SYRACUSE UNIVERSITY HOSPITAL, et al.,
Defendants.
________________________________________

DECISION & ORDER

Thomas J. McAvoy, S.U.S.D.J.:

This action, brought pursuant to 42 U.S.C. § 1983, was referred by this Court to the
Honorable George H. Lowe, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, Magistrate Judge Lowe recommends that
Defendants’ motion to dismiss be granted with leave to amend the claims against the
individual defendants only. No objections to the Report-Recommendation dated January
23, 2012 have been filed. After examining the record, this Court has determined that the
Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation
and allows Plaintiff thirty days to file and serve an Amended Complaint as against the
individual defendants only (i.e., not against Syracuse University Hospital Science Center,
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the Department Of Correction Services, Elmira Correctional Facility, Comstock
Correctional Facility, Green Haven Correctional Facility, or Auburn Correctional Facility.).

IT IS SO ORDERED.
Dated: March 2, 2012

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