Calhoun v. The Department of Correction & Others: et al

Filing 50

ORDER for 49 Report and Recommendations, 43 Motion to Dismiss filed by The City of New York. The motion of defendant The City of New York to dismiss the amended complaint [DI 43] is granted, substantially for the reasons set forth in the report a nd recommendation of Magistrate Judge Henry B. Pitman to which no objection has been filed. The action is dismissed as to all other defendants- except C.O. Abrams- for failure to make timely service of process. As the basis for dismissal as to the City is common to the claim against C.O. Abrams, the action is dismissed as to C.O. Abrams as well. The Clerk shall enter judgment and close the case. (Signed by Judge Lewis A. Kaplan on 3/31/2014) (cd)

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