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Waul v. Cunningham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 2, 2007

ANDRE WAUL, PLAINTIFF,
v.
JOHN E. CUNNINGHAM, JR., M.D.; STEVEN VANBUREN, REGIONAL HEALTH SERVICE ADM. ; RODD KOCH, MICHAEL ANUSZEWSKI, DANNY PRECANIN, AND VINCENT MENYA, EACH PHYSICAL THERAPISTS; TIMOTHY WHALEN, M.D., MITCHELL RUBINOVICH, M.D.; COREY, CORRECTIONS SERGEANT; AND BAILEY, CORRECTIONS OFFICER, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Plaintiff, Andre Waul, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated January 4, 2007, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants Koch, Anuszewski, Preocanin and Menya's motion to dismiss be denied. The said defendants have filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which the said defendants have objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. The defendants Koch, Anuszewski, Preocanin and Menya's motion to dismiss is DENIED; and

2. Said defendants shall file and serve an answer to the amended complaint on or before February 16, 2007.

IT IS SO ORDERED.

20070202

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