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Escalara v. Chardwand

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 12, 2008

WILLIAM ESCALARA, PLAINTIFF,
v.
T. CHARWAND, C.O., ET AL., DEFENDANTS.

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

ORDER

Presently before the Court is Magistrate Judge David E. Peebles February 19, 2008 Report-Recommendation in which he recommends that defendants' motion for summary judgment dismissing plaintiff's complaint be granted and that plaintiff's complaint be dismissed in all respects, without prejudice as to defendants West, C. Lambard, Baldwin, and J. Roch, but otherwise with prejudice. 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

ORDERS that the Report-Recommendation of Magistrate Judge David E. Peebles filed February 19, 2008,is for the reasons stated therein, ACCEPTED in its entirety and the Court further

ORDERS that defendants' motion for summary judgment dismissing plaintiff's complaint is GRANTED, and that plaintiff's complaint is dismissed in all respects, without prejudice as to defendants West, C. Lambard, Baldwin, and J. Roch, but otherwise with prejudice, and the Court further

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

IT IS SO ORDERED.

20080312

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