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Mendoza v. McGinnis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 14, 2007

ERIC MENDOZA, PLAINTIFF,
v.
M. MCGINNIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the February 22, 2007 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and it is hereby ORDERED that Defendants' motion to dismiss or, in the alternative, for a more definite statement is DENIED, and it is further ORDERED that the action be dismissed without prejudice as to Defendant J. Scobble, T. Whendon, (f/n/u) Presier, and P. Miller for failure to effectuate service within the time period specified in FED. R. CIV. P. 4(m).

IT IS SO ORDERED.

20070314

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