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
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