UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 11, 2007
EFRAIN J. MUNIZ, PLAINTIFF,
GLENN S. GOORD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, 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 May 2, 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. It is, therefore, Ordered that:
(1) Defendants' motion for judgment on the pleadings is DENIED;
(2) Plaintiff's claims under the Ninth Amendment is DISMISSED;
(3) Plaintiff's claims under the Fourteenth Amendment are DISMISSED; and
(4) The claims against Defendant Taylor are DISMISSED.
IT IS SO ORDERED.
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