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Middleton v. Peters

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 27, 2008

LEON MIDDLETON, PLAINTIFF,
v.
GEORGE PETERS, III, M.D.; NAOMI FALK, M.D., AND ALBANY MEDICAL CENTER DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on February 19, 2008, by the Honorable David R. Homer, 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. 48).

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 Homer'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. 48) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED,that Plaintiff's Motion for entry of default judgments (Dkt. No. 20) is DENIED; and it is further

ORDERED,that the Complaint (Dkt. No. 1) is DISMISSED without prejudice as to defendant Peters; and it is further

ORDERED, that Defendant Albany Medical Center's Cross-Motion to dismiss (Dkt. No. 21) is DENIED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20080327

© 1992-2008 VersusLaw Inc.



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