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McNamee v. Schoharie County Jail

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 10, 2008

RYAN S. MCNAMEE, PLAINTIFF,
v.
SCHOHARIE COUNTY JAIL, LT. JAMES HAZZARD, CPL J. CRONK, DEPUTY PAUL MARSH, JR., DEPUTY N. ALEXANDER, DEPUTY HOWLAND, DEPUTY HIRST, SCHOHARIE COUNTY MEDICAL DEPT., DR. WEITZ, DR. BELINGER, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on February 13, 2008, by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 32).

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. No objections have been raised in the allotted time with respect to Judge Lowe'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. 32) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants Weitz and Belanger's Motion to dismiss (Dkt. No. 16) is GRANTED and Plaintiff's claims against them are DISMISSED with prejudice; and it is further

ORDERED, that Plaintiff's remaining claims are sua sponte DISMISSED with prejudice for failure to diligently litigate; and it is further

ORDERED, that Case no. 9:06-CV-1364 be closed; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20080310

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