This matter comes before the Court following a Report-Recommendation filed on September 10, 2007 by the Honorable Gustave J. DiBianco, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 47). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned.
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. "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. No objections have been raised in the allotted time with respect to Judge DiBianco'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. 47) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motions to dismiss (Dkt Nos. 20 and 40) are GRANTED, and the Complaint (Dkt. No. 1) DISMISSED IN ITS ENTIRETY; and it is further
ORDERED, that Plaintiff's Appeal of Judge DiBianco's decision denying Plaintiff's Motion for reconsideration concerning appointment of counsel (Dkt. No. 26), now mooted, is also DISMISSED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
© 1992-2007 VersusLaw ...