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Griffin v. Donelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 12, 2008

DANIEL GEORGE GRIFFIN, PLAINTIFF,
v.
JOHN J. DONELLI, SUPERINTENDENT, BARE HILL CORRECTIONAL FACILITY; PIPEN, SERGEANT; L. JUBBERT, DEPUTY SUPERINTENDENT OF SECURITY; M. WARNER, REGISTERED NURSE, BAREHILL CORRECTIONAL FACILITY; DANIEL BENWARE, DIRECTOR OF TRANSITIONAL SERVICES; T. BRIQUER, CORRECTIONAL OFFICER; AND SGT. GARDNER, DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report- Recommendation and Order dated January 22, 2008 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein.

It is therefore, ORDERED that the portion of Defendants' motion (Docket No. 41) seeking to dismiss the instant action is DENIED without prejudice.*fn1

IT IS SO ORDERED.


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