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Victor v. Milicevic

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 29, 2008

HERMAN VICTOR, PLAINTIFF,
v.
M.D. RAELENE MILICEVIC AND RICHARD C. LAUX, PHYSICIAN'S ASSISTANT, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated September 11, 2007, Magistrate Judge Homer recommended that this Court grant Defendants' motion for summary judgment. See Dkt. No. 93. Plaintiff has filed objections to that recommendation. See Dkt. No. 94.

Specifically, Plaintiff argues that the Court should not grant Defendants' motion for summary judgment because, among other things, Defendants have altered his medical records, committed perjury and fraud, denied his request for an MRI and prescribed an X-ray instead, and initially denied his request for a liver biopsy. See, generally, Dkt. No. 94.

The Court has reviewed the file in its entirety and finds that Plaintiff's objections are without merit. There is no evidence in the record that Defendants tampered with Plaintiff's medical records or that they committed perjury or fraud. Moreover, Plaintiff's disagreement with Defendants about his proper course of treatment and/or the timing of that treatment does not rise to the level of a constitutional violation. Therefore, the Court hereby

ORDERS that Magistrate Judge Homer's September 11, 2007 Report-Recommendation and Order is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment for Defendants and close this case.

IT IS SO ORDERED.

20080329

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