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Gamble v. Isaacs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 23, 2003

KEVIN GAMBLE, PLAINTIFF,
v.
J. ISAACS, OFFICER, ELMIRA CORRECTIONAL FACILITY, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Honorable Gustave J. Di Bianco, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rules N.D.N.Y. 72.3(c).

No objections to the April 19, 2006 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and Defendant's motion to dismiss is DENIED and this matter shall be TRANSFERRED to the Western District of New York.

IT IS SO ORDERED.

20030623

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