Medina v. Apple et al

Filing 44

DECISION AND ORDER: ORDERED that 35 Report and Recommendation is accepted and adopted. Plaintiff's claims against the Doe defendant are hereby DISMISSED. The Clerk of the Court is DIRECTED to TERMINATE Defendant Jane Doe (Nurse II) from the action. Signed by Senior Judge Thomas J. McAvoy on 5/31/18. {order served via regular mail and certified mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
MIGUEL MEDINA,
Plaintiff,
v.

9:16-CV-1284
(TJM/DEP)

SGT. SHEEHAN, Albany County
Correctional Facility; and JANE
DOE, Nurse II,
Defendants.
________________________________________
Thomas J. McAvoy, S.U.S.D.J.:

DECISION & ORDER
This action, brought pursuant to 42 U.S.C. § 1983, was referred by the Court to the
Honorable David E. Peebles, Chief United States Magistrate Judge, for a ReportRecommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
Magistrate Judge Peebles’ Report-Recommendation, issued March 23, 2018,
recommends dismissal of all Plaintiff's claims against the Doe defendant be dismissed and
that the Doe defendant be terminated from the action. See dkt. # 35. No objections to the
Report-Recommendation have been filed. After examining the record, the Court has
determined that the Report-Recommendation is not subject to attack for plain error or
manifest injustice. The Court therefore accepts and adopts the Report-Recommendation
for the reasons stated therein.
As such, the Court ACCEPTS and ADOPTS the Report-Recommendation of
Magistrate Judge Peebles, dkt. # 35. Plaintiff’s claims against the Doe defendant are
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hereby DISMISSED. The Clerk of the Court is DIRECTED to TERMINATE Defendant
Jane Doe (Nurse II) from the action.

IT IS SO ORDERED.
Dated: May 31, 2018

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