UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 23, 2007
THOMAS A. RICHARDS, PLAINTIFF,
GLENN S. GOORD; JOHN H. NUTTALL, DEPUTY COMMISSION FOR PROGRAMS; LESTER WRIGHT, M.D., M.P.S.; DWIGHT E. BRADFORD, DIRECTOR OF SUBSTANCE ABUSE TREATMENT SERVICES; JAMES NICHOLS, DEPUTY SUPERINTENDENT FOR PROGRAMS; ANNE BYERWALTERS, SENIOR CORRECTION COUNSELOR AND TEMPORARY RELEASE COMMITTEE CHAIRPERSON, A/KA/ ANNE JOSLYN; KAREN PHILLIPS, SENIOR CORRECTIONAL AND PROGRAM COMMITTEE CHAIRPERSON; LARRY ZICK, CORRECTION COUNSELOR AND PROGRAM COMMITTEE MEMBER; AND NEW YORK STATE DEPARTMENT OF CORRECTIONS, DEFENDANTS.
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on October 20, 2006, by the Honorable George H. Lowe, 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. 33).
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. No objections have been raised in the allotted time with respect to the Judge Lowe's Report-Recommendation. 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. 33) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion for judgment on the pleadings (Dkt. No. 27) is GRANTED; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in all respects; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.
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