UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 26, 2007
DWAYNE HEAD-BEY, PLAINTIFF,
HARLAND SMITH; ET AL. DEFENDANTS.
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on September 20, 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. 61).
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 Judge Homer'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. 61) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 51) is GRANTED and that JUDGMENT is entered in favor of all Defendants EXCEPT the six John Does, Smith, Celenzo, Robertson, Eggleston, Glad, Lotharp, Gonzales, Broadway, Sharrod, Nash, and Hersberger; and it is further
ORDERED, that the Amended Complaint (Dkt. No. 7) is DISMISSED WITHOUT PREJUDICE as to the six John Does, Smith, Celenzo, Robertson, Eggleston, Glad, Lotharp, Gonzales, Broadway, Sharrod, Nash, and Hersberger; and it is further
ORDERED, that this action is TERMINATED in its ENTIRETY as to all Defendants and all claims; 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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