Rodriguez v. Rosner
DECISION & ORDER: Ordered that: (1) Defendant's 16 motion to dismiss be GRANTED; (2) Plaintiff's complaint be DISMISSED WITHOUT PREJUDICE; and (3) Plaintiff's motion for appointment of counsel be DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 2/19/2013. (ptm) (Copy served plaintiff by regular mail)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Watertown Correctional Facility,
-------------------------------THOMAS J. McAVOY
United States District Judge
DECISION & ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew
T. Baxter, United States Magistrate Judge, for a Report-Recommendation pursuant to 28
U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the December 5, 2012 Report-Recommendation were raised by
the parties. After examining the record, the Court determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice. Accordingly,
the Court adopts the Report-Recommendation for the reasons stated therein.
Thus, it is ordered that: (1) Defendant’s motion to dismiss be GRANTED; (2)
Plaintiff’s complaint be DISMISSED WITHOUT PREJUDICE; and (3) Plaintiff’s motion for
appointment of counsel be DENIED as moot.
IT IS SO ORDERED.
Dated:February 19, 2013
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