UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 19, 2008
REUBEN MCDOWELL, PLAINTIFF,
DANIEL STEWART, COMMISSION OF CORRECTIONS; MICHAEL GATES; LT. VANWINKLE; C. HALL; AND M. HARPP DEFENDANTS
The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge
The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge David R. Homer, duly filed February 6, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed February 6, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that Stewart's motion to dismiss (Docket No. 49) is GRANTED and that the Second Amended Complaint is DISMISSED in all respects as to Stewart, and it is further
ORDERED, that the Clerk of the Court is to mail a copy of this order on all parties by regular mail.
IT IS SO ORDERED
© 1992-2008 VersusLaw Inc.