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MUNOZ v. MARTINEZ

June 8, 2005.

LUIS MUNOZ, Plaintiff,
v.
[DOMINICK] MARTINEZ, CAPT #1218, et al., Defendants.



The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

For the reasons set forth in the report and recommendation of Magistrate Judge Eaton, defendant Melendez's motion for summary judgment dismissing the complaint as to him is granted. The action is dismissed as against defendants Dominick Martinez (sued herein as Martinez, Capt #1218) and Bret Moleta (sued herein as B. Muleta, CO #14851) for failure to effect service of process. See Fed.R.Civ.P. 4(m). The Clerk shall close the case.

SO ORDERED.

20050608

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