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PROCTOR v. VADLAMUDI

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK


January 29, 1998

DAVID PROCTOR, Plaintiff,
v.
VADLAMUDI, Dr.; MARCY CORRECTIONAL FACILITY and COUNTERPARTS, Defendants.

The opinion of the court was delivered by: POOLER

ORDER

 The above matter comes to me following a report-recommendation by Magistrate Judge David N. Hurd, duly filed on the 31st day of October, 1997. Dkt. No. 12. Following ten days from the service thereof, the clerk has sent me the entire file, including any and all objections. Plaintiff David Proctor filed no objections.

 In his report-recommendation, the magistrate judge recommended that I grant defendants' motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss Proctor's complaint because plaintiff failed to state a claim against defendant Dr. Vadlamudi and because the defendant correctional facility is entitled to sovereign immunity. Taking all allegations in plaintiff's complaint as true and drawing all inferences in favor of plaintiff, Proctor nonetheless failed to state a Constitutional violation with respect to defendants' treatment of his injured thumb. Therefore, after reviewing the entire file in this matter, it is

 ORDERED that the report-recommendation is approved, and

 ORDERED that defendants' motion pursuant to Fed. R. Civ. P. 12(b)(6) is granted and plaintiff's complaint is dismissed, and it is further

 ORDERED that the clerk serve a copy of this order upon plaintiff by regular mail.

 IT IS SO ORDERED.

 Dated: January 29, 1998

 Syracuse, New York

 ROSEMARY S. POOLER

 United States District Judge

19980129

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