Terry v. Campbell et al

Filing 39

DECISION & ORDER: ORDERED that 25 Report and Recommendation is adopted and that 18 Motion to Dismiss for Failure to State a Claim is denied. Signed by Senior Judge Thomas J. McAvoy on 9/24/13.{order served via regular mail on plaintiff} (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------HENRY TERRY,
Plaintiff,
9:12-CV-1544
v.
BEVERLY CAMPBELL; PATRICIA
SCHWARTZ; COSINO FERRARI, M.D.;
VONDA JOHNSON, M.D.,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge

DECISION and ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In her
May 29, 2013 Report-Recommendation (Dkt. No. 25), Magistrate Judge Dancks
recommends that Defendant Johnson’s motion to dismiss (Dkt. No. 18) be denied. No
objections to the Report-Recommendation and Order have been filed, and the time to do
so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation and Order is not subject to attack for plain error or manifest injustice.

III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order for the

reasons stated therein. Defendant Johnson’s Rule 12(b)(6) motion to dismiss (Dkt. No.
18) is DENIED.

IT IS SO ORDERED.
Dated: September 24, 2013

2