UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 24, 2008
JULIO ISLEY SMITH, PLAINTIFF,
GARY GREENE, SUPERINTENDENT, ET. AL., DEFENDANTS.
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on December, 26, 2007, by the Honorable Gustave J. DiBianco, 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 DiBianco'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 with respect to its final determinations of Defendants; and it is further
ORDERED, that Defendant's Motion to dismiss (Dkt. No. 22) is GRANTED with respect to Defendants Levine and Kelly; and it is further
ORDERED, that Defendant's motion to dismiss (Dkt. No. 22) is DENIED as to Defendant Greene; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.
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