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Aquino v. Girdich

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 23, 2007

DAVID AQUINO, PLAINTIFF,
v.
ROY GIRDICH, SUPERINTENDENT OF UPSTATE CORRECTIONAL FACILITY; LESTER WRIGHT, M.D.; ANTHONY BOUCAUD, DEPUTY SUPERINTENDENT OF ADMINISTRATION; EVELYN L. WEISSMAN, M.D.; DR. CRAIG W. RICHARDS; LOUISE TICHENOR, PHYSICIAN ASSISTANT; AMY TOUSIGNANT, N.A.; R.N. N. SMITH, N.A.; DEANA L. BUFFHAM, R.N.; JOHN DOE, EMPLOYEES OF UPSTATE CORRECTIONAL FACILITY; THOMAS G. EAGEN, DIRECTOR, INMATE GRIEVANCE PROGRAM; JOHN DOE 1-20, EMPLOYEES OF DEPT. OF CORRECTIONAL SERVICES; STATE OF NEW YORK; AND GLEN S. GOORD, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on September 19, 2006, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 75).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. In the interval of at least fifteen days since the Magistrate Judge filed the subject Report-Recommendation, no objections to it have been raised. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 75) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants' Motion for summary judgment (Dkt No. 66) is GRANTED; and it is further

ORDERED, that the complaint is DISMISSED WITHOUT PREJUDICE as to Defendant State of New York and all John Doe Defendants; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20070123

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