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Sanders v. Benware

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 10, 2008

CHARLES SANDERS, PLAINTIFF,
v.
L. BENWARE, CORRECTIONS OFFICER, DEFENDANT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.D.J.

DECISION AND ORDER

Presently before the Court is Magistrate Judge Gustave J. DiBianco's Report-Recommendation filed December 10, 2007, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report- Recommendation having been filed, the Court hereby

ORDERS, that the Report-Recommendation of Magistrate Judge Gustave J. DiBianco filed December 10, 2007 is ACCEPTED in its entirety, for the reasons stated therein; and the Court further

ORDERS, that defendant's motion to dismiss is GRANTED, and the Court further

ORDERS, that the complaint is DISMISSED in its entirety without prejudice, and the Court hereby

ORDERS, that the Clerk of the Court is to enter judgment in favor of Defendant and close this case.

IT IS SO ORDERED.

20080110

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