UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 14, 2007
ERIC MENDOZA, PLAINTIFF,
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.
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