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Withrow v. Taylor

November 5, 2007

JABBAR WITHROW, PLAINTIFF,
v.
J. TAYLOR, SUPERINTENDENT, GOUVERNEUR CORRECTIONAL FACILITY; GEDDIS, SCHOOL PRINCIPAL, GOUVERNEUR CORRECTIONAL FACILITY; LIBERTY, LIEUTENANT, GOUVERNEUR CORRECTIONAL FACILITY; BANGO, CORRECTIONAL OFFICER, GOUVERNEUR CORRECTIONAL FACILITY; AND YAHYA ABDUR RAHIM, ISLAMIC CHAPLAIN, GOUVERNEUR CORRECTIONAL FACILITY, DEFENDANTS.



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

DECISION and ORDER

Plaintiff, Jabbar Withrow, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 28, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted and the amended complaint be dismissed as against defendants Bango, Liberty, Taylor, and Geddis; that the amended complaint be dismissed as against defendant Rahim for failure to timely serve and for failure to timely substitute his estate pursuant to Fed. R. Civ. P. 4(m) & 25; and that the complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge DiBianco, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that

1. Defendants' motion for summary judgment is GRANTED;

2. The amended complaint is DISMISSED as against defendants Bango, Liberty, J. Taylor, and Geddis;

3. The amended complaint is DISMISSED as against defendant Rahim; and

4. The complaint is DISMISSED in its entirety. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20071105

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